Fourth Amendment to the United States Constitution

William Daniels Ms. Read HN US History I November 30th, 2015 The Evolution of the Fourth Amendment After more than two hundred since the creation of the Bill of Rights and the Constitution, are these documents, the foundation of our government and laws, still relevant today? To determine the relevancy of the Bill of Rights and the Constitution, this paper will examine the Fourth Amendment. The Fourth Amendment is“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…(Fourth).”It was created in response to British officials unreasonably searching colonists and their belongings (Mclnnis). But does the Fourth Amendment still protect citizens against unreasonable searches…

and seizure is a serious problem in this country because some police officers will search teenagers without a probable cause. The reason some police officers will search teenagers because they think they can, or they do not fully understand the Amendment to search and seize. This happens all over the United States and is a big problem. The right to know unreasonable search and seizure is a fundamental part of the Constitution because it is important to know the extent of your right. The law…

Law enforcement must follow a strict procedure before obtaining search warrants. When obtaining evidence, it is important to follow proper legal procedure. If the police officer failed to follow the procedure, this can cause the evidence inadmissible in court. As a result, the evidence cannot be used in court. There are three main concerns when obtaining evidence: exclusionary rule, fruit of the poisonous tree doctrine, and debate whether exclusionary rule deter police misconduct. The…

clothes if the officer thinks the suspect is carrying some armed weapons and is dangerous. Many incidents happened with the stop and frisk cases, as the officers are unnecessarily stopping and searching individuals, especially American-African in the name of criminal activities. After the fourth amendment, with few exceptions, the individuals have got the right to…

was in clear view, therefore, as an officer of the court seizing it at that time was a legal obligation. Moreover, this type of seize is justifiable under the plain view doctrine and does not violate the rights given to the accused under the Fourth Amendment. Hendrix (2013) explains that “in Harris v. United States (1968), the Supreme Court established that anything a police officer sees in plain view, when the officer has a right to be where he or she is, is not the product of a search and is…

Name Professor Course Date Online privacy The Fourth Amendment of the United States constitution protects against unreasonable searches and seizure by the government. It recognises the right of the people and their property to be free from these searches unless a warrant is issued on the basis of a probable cause. Such warrants can only be valid if it describes the place to searched and the things to be seized. The objective of this amendment is to protect the citizens from arbitrary…

The legal significance of "reasonable suspicion" to stop and frisk an individual versus "probable cause" to arrest and individual. Reasonable suspicion is the presumption a crime has been committed or will happen. Based on the evidence informed by police officers experience and interpretation. But, is less than probable cause to an arrest. Probable cause, holds a belief given by facts and more of concrete evidence of a crime. For example, police need reasonable suspicion to stop and frisk and…

Seeing a white male in a vehicle alone is not enough for a solid case for a lawful Terry stop. The facts of this case what few there is, along with the officers thinking that Uber has a possibility of committing a crime, is unfounded. Is it fair to state that Officer Mathison should be aware of the drivers in that area? I believe that is fair. I also believe that it is commendable for any officer to be alert and particular of details in what they notice about drivers. The officers should pay…

movement” (“Arrest”, n.d.). Law enforcement officers make an arrest when they take a suspect into custody. The general law of arrest includes probable cause, an arrest warrant, and the procedure of an arrest. For an arrest to be legal and valid, an officer must have probable cause that the suspect committed a crime. An arrest warrant is not always required. This paper will give a detailed discussion on the general law of arrest. The fourth amendment makes probable cause a requirement for an…

briefly showed Mapp the warrant. When she asked to see it, the cops handcuffed her and proceeded to search her house. The police did not find anything bomb or betting related. During their search though, they did find illegal pornographic material. She claimed it was lwft behind by the previous owner, but she was arrested and found guilty for possession or pornographic material. Mapp was unable to win over the Ohio Supreme Court, so she took her case to the US Supreme Court where they…