Fourth Amendment Essay

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The Fourth Amendment authorizes that warrants be given by neutral magistrates based on facts given under oath or affirmation. The Judge has to review the affidavits and decide whether the facts determine probable cause to issue the warrant. Also, the judge needs to know why the facts in the affidavit is trustworthy. Search warrants have to be established on hard facts. Locations that are searched must be described in a lot of detail so law enforcement will not needlessly invade privacy. When giving a warrant at a home, law enforcement must abide with knock and announce” unless there is an immediate threat of harm to law enforcement, escape of the suspect, or destruction of the evidence. If no answer to the knock, officers may use the force …show more content…
Grand juries can use unconstitutionally collected evidence. The prosecutor can use it at the defendant’s sentencing hearing or to impeach a witness. Unconstitutionally collected evidence can be used in civil suits in ICE cases. None of the Fourth Amendment protections apply to actions of private people action on their …show more content…
Deadly force is allowed only if a life is in immediate danger. Non deadly force must be equal to the force received by law enforcement. Evidence can not be collected by means that offend our sense of justice because they are painful. Surgery and other processes that are particularly harmful are carefully examined closely by the courts. Confessions can not be compelled, which would violate Due Process.
Law enforcement may quickly stop a person from questioning if there are particular, powerful fact that would lead a reasonable cop to believe that criminal activity is near. When this type of detention is made, a pat down of the outer clothing may be conducted for weapons only if there is a reasonable suspicion that the detainee is armed. If a car is stopped, the officers have the right to search the passenger compartment for weapons only if there is a reasonable suspicion that the car contains weapons. The right to detain a person for a field interview does not include the right to transport the suspect to the station for fingerprinting or

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