9 A company was suspected of emitting smoke from its factory

9. A company was suspected of emitting smoke from its factory in violation of the environmental protection law. Police officers in helicopters collected air samples above the smokestack. They did so without a search warrant. The company moved to suppress the evidence, contending that the search violated the Fourth Amendment. Did the police violate the Fourth Amendment? Explain.

Solution

The police did not violate the Fourth Amendment. The Fourth Amendment provides the right for the people to protect their properties against unreasonable searches and seizures. The law is to protect the people’s right to privacy and freedom from unreasonable intrusion from the government. Most of the warrantless searches are prohibited under fourth amendment but there are certain exceptions. Warrantless searches and seizures of properties are not illegal if the objects are in plain view. The seizure of properties in open field also is not a violation of Fourth Amendment. In this case police collected the samples from the air and it is in plain view and collected from open field. Hence the police did not violate Fourth Amendment; the seizure of air sample is legal and company cannot suppress the evidence.