4th Amendment – Pretext

Write an Essay answer the following: The pages to the book 189-192 have been attached. Book – Criminal Procedure – The Constitution and Police ( the ninth edition) Courts disapprove of police conduct that creates exigent circumstances as a pretext for a warrantless arrest in a suspect’s home, but courts will often sustain such arrests when the police can demonstrate that their actions were motivated by legitimate law enforcement needs. As the authors suggest, all of the exceptions raise serious problems about fourth amendment jurisprudence. As they note in 6.9 (page 189-92), administrative searches and exigent circumstances seem to provide a mechanism by which the police can circumvent the fourth amendments demands. Does pretext violate the spirt (if not the word) of the 4th amendment? SHOULD the fact that police use a traffic or parking offense as a pretext to search for contraband invalidate their actions?

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