Search And Seizure Laws In Michelle Alexander's The New Jim Crow

Improved Essays
Search and seizure laws have been around since the beginning of the United States of America, and have a very controversial history.Many deem the way the laws are practiced unconstitutional, and oppressive to minorities, while others think they are just and need to be carried out to stop crime. Police officers have found many missing persons and have also brought down many drug dealers all while staying in the lines of legal search and seizure. Many people fear officers can overstep their boundaries and think that search and seizure laws are the underlying cause of mass incarceration, which Michelle Alexander examines in her book The New Jim Crow.
The fourth amendment prohibits those from being victim to unreasonable searches and seizures. What defines
…show more content…
it is a tool officers use to protect your well-being. Searches are not meant to oppress minorities, but it is meant to oppress criminals. When an officer is pursuing a suspected criminal, he or she is likely not pursuing the suspect because of race, but because of the actions he or she has committed. For every life “ruined by being imprisoned” Alexander puts it, there are lives saved by searches of suspicious people and seizure of their illegal paraphernalia. Search and seizure laws have been around since the beginning of the United States of America, and have a very controversial history.Many deem the way the laws are practiced unconstitutional, and oppressive to minorities, while others think they are just and need to be carried out to stop crime. Police officers have found many missing persons and have also brought down many drug dealers all while staying in the lines of legal search and seizure. Many people fear officers can overstep their boundaries and think that search and seizure laws are the underlying cause of mass incarceration, which Michelle Alexander examines in her book The New Jim

Related Documents

  • Improved Essays

    However if the officer had pulled these individuals over soley based on the color of their skin, he would not be able to search and seize the individuals. The fourth amendment forbids an officer to search and seize soley on the basis of race, and if the officer had racially profiled the individuals then they could have filed a motion to suppress. However, the officer acted within the scope of the seizure by having legitimate interest and suspicions. The Fourth Amendment clearly states that an officer may search the person arrested, those in plain view of the officer and the accused, and things or places that the acussed person can touch, or that is otherwise in their immediate personal control without a warrant as long as there is legitimate reasoning and it is not an unreasonable search.…

    • 1098 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    People V. Ulysis Parriss

    • 1291 Words
    • 6 Pages

    .When it comes to getting arrested the police can do it two ways, they can do it with a warrant or without one. However both must have probable cause. The fourth amendment is what protects us from unreasonable searches and seizures. The two important thing with this amendment is the requirements of probable cause to get a warrant and it how it prohibits unreasonable search and seizures.…

    • 1291 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Probable Cause Case

    • 567 Words
    • 3 Pages

    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…

    • 567 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    This paper argues that the Fourth Amendment effects law enforcement. In criminal cases, it is important that there is substantial evidence to reach a verdict. For the prosecution to obtain such evidence, they must perform a search and seizure. The Fourth Amendment protects citizens from unreasonable and unlawful search and seizures. It states that people have the right to secure their person and property from search and seizure without a warrant.…

    • 931 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The stop and frisk policy is this idea that police officers can stop, question, and pat someone down on the street if there is reasonable suspicion or probable cause that they are committing, have committed, or is in the process of committing a crime. In addition, police officers are able to stop and frisk an individual if they are concerned with the safety of themselves or others. This practice exists as a way to what is supposed to reduce crime rates and help keep communities safe. However, the stop and frisk policy does not help prevent harm from occurring in communities.…

    • 990 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Racial Profiling Analysis

    • 570 Words
    • 3 Pages

    Katz analyzed different cases of racial profiling and assesses the outcomes of these various situations. It looks at how the Fourth Amendment has been applied in various racial profiling cases and how this affected the results from the prospective trials as outlined. Through an analysis of the outcomes of these cases, one can understand how racial profiling has become a significant aspect of the criminal justice system as well as the various steps in place to reduce the occurrence of racial profiling. The article gives a detailed analysis of different aspects of racial profiling and how it undermines criminal justice. VII.…

    • 570 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Fourth Amendment Do you know you have the right to say NO?. The Fourth Amendment in other words Search and Seizures allows one to say no until proper legal document or warrant is shown to search or seized someone’s home, car, personal item and to protect people rights to privacy from the government intrusions. Meaning the government can’t use police force in which would expose citizens. Also the Fourth Amendment respects people rights and that it should not be violated. The Fourth Amendment created a major impact in today’s society not many citizens; teenager and adult are aware of their Fourth Amendment rights.…

    • 570 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Stop and Search is now governed by 2 statutes; stop and search with arrest situates under the police and criminal evidence act 1984 whilst a stop and search without an arrest comes under section 60 of the criminal justice and public order act. http://www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-a-2011?view=Binary, Section 60 of the 1994 criminal justice and public Order Act was introduced to originally tackle people going to illegal raves which were a major problem in the 1980's and early 90's. http://www.guardian.co.uk/uk/2012/jun/12/police-stop-and-search-black-people, Vikram Dodd ,The Guardian, Tuesday 12 June 2012. It gave police the power, if they feared violence or disorder, to stop and search suspects at a specific time and place. I will further be discussing the controversies surrounding Police stop and search and concluding with my own views on this subject.…

    • 405 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    The Fourth Amendment: Search and Seizure In the Fourth Amendment, it 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” (Cornell University of Law). The Fourth Amendment states its main idea in this statement and through it American citizens and their belongings and records are protected from surveillance, searches, and seizures. However, in today’s digital world government officials have used what could be called an unconstitutional approach to the Fourth Amendment, causing them to monitor phone conversations. There have also been instances where personal records have been gained by law enforcement without any relevant reason.…

    • 1215 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    It is just a form of racial profiling because over half the percent of people they stop are African Americans. We are suspected to have some form of a weapon on contraband, or us and if it just happened that someone they stopped and frisked did they would get charged. In these cases whites never seem to cause suspicious among cops. It is easier for police to just be able to go into urban areas and criminalize the people there because it is cheaper for their police force than to go into suburban areas where there can be drugs or contraband inside of there houses and having to look into many of the crimes police would need a search warrant because the crimes in these areas are typically done behind closed doors. Because we look suspicious to a specific police officer they take this as an advantage and use this as a style of policing it gives them to right to just stop and search me as If I was a criminal.…

    • 1426 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    One very contradictory issue that has emerged over the recent years within community policing is racial profiling. Racial profiling is defined as the use of race or ethnicity as grounds for suspecting someone of having committed an offense. Profiling of this nature impacts communities, minority groups, and even policing agencies in a negative manner ultimately. Many argue that criminal profiling differs from racial profiling and is a vital part of the job therefore it must be done. Others argue that it is not as great of a problem as the media sometimes portrays it to be.…

    • 1673 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Coroner In America

    • 1903 Words
    • 8 Pages

    These unreasonable searches and seizures go against the fourth amendment. At this time, officers do not need to prove consent which should be changed so everything is kept fair. There needs to be documentation of every stop, frisk, summons, use of force, arrest and killing the police do as it provides reasoning for each event. It is impossible for people to know what the situation was in the moment. Although body camera can help police officers be more careful about their choices and protect them when accused of abusing the…

    • 1903 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Essay On Stop And Frisk

    • 1259 Words
    • 6 Pages

    Stop and Frisk has been complained numerous times as racial profiling towards minorities in these type of communities. A U.S. District Court judge of south of New York, Shira Scheindlin, said that the Fourteenth Amendment was not being enforced as there isn’t equal protection to black and latinos, as they are searched more by the police than white people (Washington Post). This very compelling because a U.S. District Court judge is saying this, yet there has not been any real changes to the Stop and Frisk system. Also, considering how high of a position this judge has, she is able to see the ins and outs of the law, and she is able to determine that there is discrimination and targeting towards minorities. Furthermore, in the Washington Post article, it has a graph in which it shows that black and hispanic people are stopped more by the police, even though there is a higher population of white people.…

    • 1259 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    The statement, “The Fourth Amendment protects people, not places,” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses, papers, and defends them against unreasonable searches and seizures. However, to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant, give the government strict to stipulations as to how they are able to rightfully obtain information that is presumed to be private. Although Searches, Seizures and Warrants seem to have simple guidelines, they are each intricate categories.…

    • 490 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Introduction Stop and frisk tactics have been used to preserve public safety and officer well-being. A stop and frisk is a non-intrusive police stop and pat-down based on the reasonable suspicion in relation to a crime that has happened, will happen, or is in the process of being carried out (Cornell Law School, 2017). Stop and frisk situations are highly common and the reported instances have increased by approximately 7% annually (Hovhannisyan, 2006). However, the approach is highly controversial because it operates primarily on officers' perceptions and opinions, which opens the door to personal prejudices dictating the usage. This executive summary includes the advantages and disadvantages involved in stop and frisk procedures as well as the constitutionality and recommendations to improve the approach.…

    • 1015 Words
    • 5 Pages
    Superior Essays