Fourth Amedment

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The Fourth Amendment: Search and Seizure Erek Anderson, Rachel Coen, Lawana Garfias, Malerie Gomez, Nicholas Tellez & Sara Ungerer CJA/364 February 16, 2015 Instructor: Bobby Kemp Search and Seizure Search and seizures are highly debated topics in the United States. Stop and frisk, automobile searches and border searches all fall within the guidelines of the Fourth Amendment. Discussed in this paper will be what reasonable searches, seizures and arrests are and how they are applied. Also to be discussed is whether probable cause is needed during warrantless searches and how the right to privacy is weighed. Finally, this paper will discuss how America’s borders are being protected by the Fourth Amendment, and what exceptions…show more content…
The Terry v. Ohio case recognized that ‘‘not all personal intercourse between policemen and citizens involves ‘seizures’ of persons (Zaring, 2011).’’ The court further added that ‘‘only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen may we conclude that a ‘seizure’ has occurred (Zaring, 2011).” Automobile Searches The Fourth Amendment stresses that searches or arrests made by the government or law enforcement officers be reasonable. In addition, the amendment states that warrants must be supported by probable cause. If an officer believes that a felony arrest in a public place is reasonable, and they have probable cause that a suspect committed a crime, they do not need to have a warrant. Felony arrests, in areas that are not open to the public, generally do require a warrant issued by a judge, unless the officer is in "hot pursuit" of a fleeing felon (Warden v. Hayden, [1967]). For example, if an individual decided not to pull over at the request of an officer and continued to speed at a rate that is intended to flee, this becomes a pursuit. The Fourth Amendment also allows warrantless arrests for misdemeanors committed in an officer's presence. Arrests made following a defective warrant may be justified if the officer was proceeding in "good faith." An officer who reasonably believes that criminal activity is happening in a public place is authorized to stop any person who is
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