Probable Cause Case

Improved Essays
In reference to the Constitution of the United States of America, the Fourth Amendment is set to protect the American citizen from unlawful searches and seizures (Samaha, 223). According to this statement and how such relates to the presence of Law Enforcement in our daily lives; officers must have probable cause if they intend to investigate an individual for a particular reason. Probable Cause states that the particular officer(s), must have factual evidence that a crime is being or is about to be committed before he or she investigates a person (Samaha, 225). With the numerous incidents that have involved Law Enforcement officers performing unlawful searches, and utilizing things such as excessive force to subdue a suspect, the trust of the community in these government officials has been on the decline. Luckily perhaps, the …show more content…
With the ideas of Probable Cause & Due Process in mind, when individuals feel that they were not treated fairly in a court of law, they can have appellate courts review the facts of their cases and their particular objection.
Objection, which in the case of Corey Reedy stated that during a traffic stop, the officers of the Will County sheriff’s department’s gang suppression unit, did not have enough probable cause to back up their actions. In the lines of the trial named People v. Reedy, 2015 IL App (3d) 130955, 2015 IL App (3d) 130955, it is stated that the defendants’ believe that the traffic stop was unconstitutional because it violated the Fourth Amendment; violation, because the officers detained the suspects in this case being Corey Reedy and Jesus Chavez for an extended period of time, and performed acts not lawful under the constitution (People v. Reedy). When the appellate court reviewed and made their decision based on the

Related Documents

  • Improved Essays

    In the case Gideon V. Wainwright the due process did not happen constitutional. The due process is the fair treatment through the normal judicial system. The source of the due process is under the Fifth Amendment that no one shall be “deprived of life, liberty or property without due process of law.” The reason why that this process applies to the fifty states as well as the federal government, that is prohibits the stats as well as the local government officials, from depriving a person of life, liberty or property without a legislative authorization.…

    • 262 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    • P alleges excessive force and false arrest. P alleges that he and his friends (non-parties) were walking in the courtyard of his apartment building on their way to the store to buy milk. P claims that 3 plainclothes MOS attacked them. P states that one MOS pushed him against an iron gate and thrown down on the ground. P claims that he did resist because he did not know identify of the individual.…

    • 212 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Mapp V. Ohio

    • 629 Words
    • 3 Pages

    In Mapp v. Ohio, the fourth amendment that was violated states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” There have been several court cases where the fourth amendment right was violated. For example, in Weeks v. United States, 232 U.S. 383 (1914), the court stated…

    • 629 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    At this point, a pretrial motion to dismiss without prejudice is fair due to the misconduct of police and the violation of the client 's Fourth Amendment Rights. " In other areas of constitutional law and criminal procedure, the Court now routinely engages in textual interpretation informed by history, yet the debate over the exclusionary rule still seems to lack any foothold in conventional constitutional interpretation" (Re, pg. 5). There should be no interpretation whether or not the client 's rights were violated due to the facts in the case that the police blatantly without regard to the U.S. Constitution and showed true police…

    • 1291 Words
    • 6 Pages
    Improved Essays
  • Decent Essays

    Warrantless searches and seizures, destruction of personal property, and privacy rights are all protected under the 4th Amendment, although allowing government to change these rules could lead to more arrests due to being able to get leads from personal information. The laws and regulations set up by the 4th Amendment are very important, and provide needed and wanted protection over personal property.…

    • 62 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    McKayla Magdaleno Mr.Young P.3 10/05/15 Bill of Rights Essay Hook: It’s 1798 and you’re helping construct and write the Bill of Rights, it’s super hot outside and you really just want to go home because you are only on the making of the 4th Amendment right as you get up to leave you get a brilliant idea on what the 4th Amendment should be. Statement: The first amendment reads “The right of the people to be secured in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issue, but upon probable cause, supported by oath or affirmation, and particularly, describing the place to be searched, and the persons or things to be seized.”…

    • 495 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    People believe that racial profiling is an effective way to eliminate crime in the community and even as far as the nation. What are your beliefs. If racial profiling is present in todays society, it is strongly against the law. But why is this so bad? Why do people want to eliminate racial profiling?…

    • 1836 Words
    • 8 Pages
    Improved Essays
  • Great Essays

    Moot Court Case

    • 1647 Words
    • 7 Pages

    The Fourth Amendment was created by our Founding Fathers for this exact reason. If a police officer can conduct a warrantless search without receiving adequate consent then our Fourth Amendment right to privacy will continue to be violated, a violation our great Constitution does not permit. In Matlock, the court decided that a third party could give consent to search if they had common authority over the object or premises. U.S. v. Matlock, 415 S. Ct. 164, 171 (1974).…

    • 1647 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Fourth Amendment In Texas

    • 492 Words
    • 2 Pages

    As well the court also stated that detaining a person to require him to identify himself with lack of evidence against him/her violates their Fourth Amendment right. The Fourth Amendment requires such action,or that the seizure should be carried out pursuant to plan embodying explicit,neutral limitations of individual officers. In other words, a police officer can’t arrest you,detain you,or search you without a search warrant or an arrest warnat. Though there are some expectations on getting search or being detained,like for instances if a police officer asks your permission to search in your belongings and you agree then that’s not considered an intrusion of your privacy because you allowed him/her to search in your belongings. Same goes for being arrested because in order to be charged with a crime police officers must have reasonable suspicion and enough evidence to charge you with that crime.…

    • 492 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Essay On Fourth Amendment

    • 726 Words
    • 3 Pages

    The fourth amendment is important to all Americans and it is one of the most important amendments. The fourth amendment is important because it protects Americans from unreasonable search and seizure. “To protect Americans from the government invading our privacy and looking through our things, then finding evidence that might be used against us to convict Americans of crimes, the colonials put in the fourth amendment to free Americans from unreasonable searches and seizures.” (“Fourth Amendment with English captions”) The Fourth Amendment is: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the…

    • 726 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    People of society are intimidated by police officers and they [officers] often take advantage of people’s vulnerability. “Unreasonable searches” are conducted due to the fact that: “Police officers too often take advantage of our communities’ lack of understanding about their right to refuse searches and their right to insist on the officer’s identification” (Toor 3). As stated in the Fourth Amendment, people are entitled to being “secured in their persons, houses, papers, and effects, against unreasonable searches and seizures” (US Const. Amend. XVI, sec.3).…

    • 528 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Fourth Amendment

    • 752 Words
    • 4 Pages

    Amendment IV The fourth amendment is one of the primitive and mainly significant entitlements bestowed to the citizens of The United State of America; the law, distinctively states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” What Does the Fourth Amendment Mean? The Fourth Amendment of the U.S. Constitution stipulates, the entitlement of individuals to be secure in their individualities, dwellings, documents, and possessions, against irrational searches…

    • 752 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    According to the dictionary, due process is a set procedure for judicial or other government events designed to protect the individual’s legal rights. Due process basically was designed to assure all legal proceedings are conducted fair and all rights are being followed before taking a person’s freedom or property. Process is due whenever a person’s rights are involved and requires that the accused be notified and given a fair opportunity to be heard before action is taken. The Fifth and Fourteenth Amendment prohibits government officials from taking a person’s life, liberty, or property, without due process of law. The Fifth and Fourteenth Amendment…

    • 621 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Bill Of Rights In America

    • 508 Words
    • 3 Pages

    These amendments limit the power of the government to influence these basic human rights. Under the fourth amendment, unreasonable searches and seizures should not be executed upon citizens without…

    • 508 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Health licensing boards exist because of historical as well as modern reasons. Health is a valuable quality of life that should be handled with care. Professional, educated, and moral people should be conducting healthcare practices on others not any unskilled random person. Licenses keep the knowledge accurate and true regarding how a profession should operate. A license keeps individuals in the profession on the same page.…

    • 350 Words
    • 2 Pages
    Improved Essays