Fourth Amendment Rights Violations

Officers Daily are faced with the balancing act of up holding the Fourth Amendment rights of individual people and protecting and upholding the law. Officers must know when they can can stop and question someone, conduct a search, who can authorize a search. Police also have to know when they are allowed to arrest someone. Simultaneously, police must know when to uphold the law and keep suspect rights intact. The most important, is for an officer to uphold a persons Fourth Amendment Rights, which gives people the right to be safe and secure in their home and are protected from unreasonable search and seizures. Probable cause must be in place to issue a warrant to search a person’s place. If the Fourth Amendment is violated as in the case “Mapp v Ohio any evidence obtained in violation of the Fourth amendment can not be used in a state law criminal case.” (Streetlaworg,2015) Police have to be careful when obtaining evidence and doing searches. Failure to maintain a persons Fourth Amendment Rights can result in evidence to be removed from a case. First, a police officer can stop and question someone on the mere bases of …show more content…
The way a subject behaves or the way one conducts him/her self can be probable cause but it will lack in proof to detain someone. In the case Mallory v. United states arrest can not be made on suspicion but only on the grounds of probable cause. Arrest can also be made if a police officer cannot find out a person’s name or address. If it keeps from the suspect from hurting anyone else, stealing or damaging property, obstructing the highway or acting indecent, or to protect a child, along with breech of the peace. Police can only detain a person for 24 hours without having to charge or releasing them. Additional time may be granted with judge consent or unless involving an act of