Fourth Amendment Essay - 845 Words

Fourth Amendment Ashley J. Peterson Constitutional Law Steve Areges Kaplan University 1/13/2010 Fourth Amendment The Fourth Amendment is important not only to the citizens but for our law enforcement as well. The Fourth Amendment is still evolving today, as common and statutory laws change so does our Fourth Amendment. This amendment has come a long way and will continue to serve us in our best interests for as long as we live, whether we agree of disagree. â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the†¦show more content†¦If someone is hanging around a well known crime area then just about everyone there is going to receive some sort of attention and the police officers will probably keep an eye on them to see if they are up to something. Police officers go off what they see and hear there isn’t any other way to put that. (Harr, amp; Hess, pp. 181, 2008). Once someone reaches a level of reasonable suspicion, police officers are allowed to stop and frisk the suspects. If they are still thought to be participating in illegal activity it becomes probable cause and then the suspect will be arrested and interrogated. Due to Miranda rights people have the opportunity to speak with an attorney before being questioned and may also have one present while being questioned. In some cases, such as murder there are some people that have been wrongfully accused. Due to wrongful practices, people have been convicted of circumstantial evidence. ``DNA is a very powerful tool . . . but it is circumstantial evidence like other pieces of circumstantial evidence and a proper investigation still has to take place, she said. (Matthew, n.d.). Circumstantial evidence is probably one of the biggest ethical concerns when people are being convicted of crimes. Circumstantial evidence is: â€Å"Evidence not bearing directly on the fact in dispute but on various attendant circumstances from which the judge or jury might infer the occurrence of the fact in dispute†. (Dictionay.com, 2010). ManyShow MoreRelatedFourth Amendment Essay1438 Words   |  6 PagesThe Fourth Amendment of the Constitution holds grave importance for the citizens of the United States of America. This amendment of the Constitution is exceptionally important due to the fact, that it protects citizens from unreasonable searches or seizures. However, the phrase, â€Å"reasonable expectation of privacy† is a different aspect that is pertinent to the evolution of the Fourth Amendment, and Riley v. California. To dissect this phrase, reasonable is the important aspect here, this is whereRead More The Fourth Amendment Essay942 Words   |  4 Pagesan d the persons or things to be seized.† –U.S. Constitutional Amendments Preface I choose the fourth amendment for two reasons: - It recognizes a right that, inevitably, cannot be taken away from a person. - It was not written out of spite, but out of experience. I personally feel like this is an issue that, had there not been a provision in the Constitution, would have created some serious issues with the colonists. The Fourth Amendment also almost gives the idea that there should be no problem withRead MoreFourth Amendment Rights Essay2040 Words   |  9 PagesFourth Amendment Paper Assignment Today, I am presented with a case that puts in question the violation of individual’s Fourth Amendment rights. 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The exact wording of the Fourth Amendment is â€Å"The right of the people to be secure in their pers ons, houses, papers, and effects, against unreasonable searches and seizuresRead MoreEssay about Privacy Under the Fourth Amendment928 Words   |  4 PagesPrivacy Under the Fourth Amendment Katz V. The United States The petitioner Mr. Katz was arrested for illegal gambling, he had been gambling over a public phone. The FBI attached an electronic recorder onto the outside of the public phone booth. The state courts claimed this to be legal because the recording device was on the outside of the phone and the FBI never entered the booth. The Supreme Court Ruled in the favor of Katz. They stated that the Fourth Amendment allowed for the protectionRead MoreEssay on Violating the Fourth Amendment Rights of Antoine Jones788 Words   |  4 PagesIn this case, I am presenting an individual citizens Fourth Amendment protection captivated from Jones and others individuals. The government started investigating Jones with a suspicions conspiracy of drug trafficking. A tracking device installed on the defendants’ vehicle after a terminated authorize a warrant permanent to the Government to search and install a GPA on Jones vehicle. Antoine Jones and others with the same conspiracy of the investigation were sentenced life imprisoned by the DistrictRead More Mapp v. Ohio Fourth Amendment Case Essay1284 Words   |  6 PagesMapp v. Ohio: Controversy of the Fourth Amendment Ms. Dollree Mapp and her daughter lived in Cleveland, Ohio. After receiving information that an individual wanted in connection with a recent bombing was hiding in Mapps house, the Cleveland police knocked on her door and demanded entrance. Mapp called her attorney and subsequently refused to let the police in when they failed to produce a search warrant. After several hours of surveillance and the arrival of more officers, the police again soughtRead MoreWill We Follow Lincolns Advice? The Fourth Amendment Essay1375 Words   |  6 Pagesthe statement has nothing to deal with the Fourth Amendment, or the Search and Seizure laws within the Constitution, what is stated still brings about a good point relating to the Constitution. The fact being brought out of this quote is that the Constitution’s purpose is to safeguard Americans’ liberties. Along with great points brings questions regarding the quote. Should individuals interfere with the Constitution, more specifica lly the amendments and rights pertaining to search and seizureRead MoreFernandez V. California: Fourth Amendment Upheld? Essay1696 Words   |  7 PagesFernandez v. California: Fourth Amendment Upheld? POL 303 August 4, 2013 â€Æ' The Merit case of Fernandez v. California is seeking to determine whether the Constitutional rights of Walter Fernandez were violated under the 4th Amendment when law enforcement conducted a search of his residence upon obtaining consent from his girlfriend, who was also a resident, after Fernandez was taken into custody (and had stated his objections to the search while at the scene). In Georgia v. Randolph (2006)Read MoreEssay On The Fourth Amendment1126 Words   |  5 PagesThe Fourth Amendment The Fourth Amendment was part of the Bill of Rights on September 5, 1789, but it was added to the Constitution on December 15, 1791. The government cannot arrest a person if they have committed a crime. It also goes to the government as well. The Fourth or IV Amendment is a well known law because the police can’t search you, it give you protection and you wont be arrested if you say no to a policeman that they can search you. The Fourth Amendment is a well known law because