The Violation Of The Fourth Amendment Rights Essay

706 Words Sep 24th, 2015 3 Pages
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 suspicion without probable cause. This allows for the officer to obtain information of possible criminal activity without violating the Fourth Amendment. However, a person does have the right not to answer, stop and talk to an officer, or go to the police station if they do not want to. With the Police Reform Act of 2012 police are allowed those who are…

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