Essay about The Fourth Amendment Of The United States Constitution

1200 Words Apr 22nd, 2016 5 Pages
The Fourth Amendment to the U.S. Constitution provides, “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" (U.S. Const. Amend. IV). While the right to privacy is not explicitly stated in the Constitution, the Supreme Court in Griswold v. Connecticut explained that the right to privacy is enshrined implicitly throughout the Constitution. They stated, “Specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees…[which] create zones of privacy...retained by the people.” Despite these protections, threats to public safety and national security have allowed for certain exceptions to the Fourth Amendment. One such example is the practice of stop, question, and frisk. In Terry v. Ohio, the Supreme Court outlined that in order to conduct an investigatory stop and frisk, probable cause is not needed but rather only reasonable and articulable suspicion. In the past, society accepted this lower standard as necessary to preserve safety and public order. Contemporaneously, however, the implementation and practice of stop and frisk has raised questions about police discretion and the validity and constitutionality of the policy itself. The stop, question, and frisk…

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