Search and seizure

that no person shall "be deprived in the pursuit of life, liberty or property without due process of law". Let's look at the individual amendments. The Fourth Amendment protects individuals from unlawful search and seizure. The most common issue in law enforcement that arises is the need for search warrants. By not following procedural correctness a case may falter during the trial phase because a warrant was not obtained in the proper way. Although the warrant may have been obtained in "good…

A world without the Fourth Amendment The Fourth Amendment is ‘Protection from unreasonable search and seizure’. The Fourth Amendment is that you have the right to your house, persons, and papers. No one can search through your personal items unless they have a warrant and a right to do so. Only two people have the right to go through your mailbox, yourself (family), and the mailman. If we didn’t have this amendment anyone would be able to go through your house at anytime they pleased, taking…

The idea of stop and frisk was created to reduce the crime rate in New York City by granting law enforcement the power to detain a suspicious individual based on reasonable suspicion and search the civilian outer garments for illegal contrabands. There are many controversy surrounding this practice that it is based on racial discrimination and the idea that it is unconstitutional. Civilians feels like this practice only target blacks and Latinos. Supporting civilian concerns, a study conducted…

The court concluded that a warrantless search is only pardoned when there are purposes of protecting the arresting officer or to preserve any essential evidence. None of these two exceptions were present during the arrest and seizure of the cell phone. Police officers have the capability to protect internal cell phone evidence by disconnecting the phone from the network or even placing…

“A key function of the Bill of Rights, therefore, is to protect the rights of those in the minority against the will of the majority.” (Sidlow, 2015, p. 72) It was also written to protect and defend the rights of every United States citizen when it comes to their basic rights, arms and religion. Additionally, it declares the rights of citizens when it comes to firearm possession and prohibits biased laws being passed with regard to religion. Another main reason for the Bill of rights to be…

Amendments are the rules that the citizens have to follow such as freedom of speech, the right to bear arms and the right of privacy. The fourth amendment is the right to privacy such as no unreasonable seizures and searches to your personal belongings and property without any warrants. A search usually has to be based on probable cause- a reasonable basis to believe that the person can be linked to a crime (Remy, 2016). In this case, the topic about whether the police should wear body cameras…

“If you don’t have a dog, at least one, there is not necessarily anything wrong with you. But there may be something wrong with your life.” (Vincent Van Gogh) When it comes to How Police Service Dogs relate to the Fourth Amendment it’s not always something people might want to talk about or learn about. My objective or purpose for this research paper is to inform the readers of the 4th Amendment, to educate those on Police Service Dogs and how they work, and to show how they both work together.…

he was arrested. Mr. Howard was charged with the unlawful possession of a gun. Analysis: Due to the given facts, the encounter that took place between Happy Howard and the police officer was an improper stop that heightened into an unlawful search and seizure,…

Stop and Frisk are all about numbers. Commonly in each video the discussion of meeting the quota or getting numbers, is brought up several times. Through out watching the videos there were several concepts that I wanted to discuss. My first reaction was stop and frisk should be eliminated, because people’s rights and privacy are being violated. Then I thought wait a minute maybe it shouldn’t be stopped, but rather tweaked on how the stop and frisks are being carried out. I felt that officers…

A thermal scanner was used on the house of DLK without a warrant, in order to obtain evidence that DLK was illegally growing marijuana. DLK sued on the grounds that the scan was a search, and since there was no warrant, it violated his fourth amendment right.The government went too far by scanning DLK’s house because the scan indicated things about the house that would be unknown unless one entered the house, revealed things which DLK wished to keep private and took reasonable measures to…