Fourth Amendment Rights Essay

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Fourth Amendment Paper Assignment Today, I am presented with a case that puts in question the violation of individual’s Fourth Amendment rights. This case also puts in question the rights of the authority placed in our streets, neighborhoods and towns to perform actions directed towards certain citizens in an effort to serve and protect the overall population. There must be a careful analysis in order to interpret the records of the incident that occurred to conclude who holds the most justified position in this case under the applicable laws. The Court of Appeals of the State of New York must also take into careful consideration the circumstances discussed and the ruling given by the District Court assigned to this case, which I…show more content…
Defendant Miller evidently avoided walking by the officers. There are precise rules that involve the stopping of an individual by the authority. The Fourth Amendment states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”. Specific distinctions within the Amendment are made in the prior case of Terry v. Ohio (392 U.S. 1 [1968]). These distinctions discuss the rules and regulations adherent to stops of individuals by the authority. According to Justice Warren, delivering the opinion of the court in this case, “the police should be allowed to ‘stop’ a person and detaining him briefly for questioning upon suspicion that the individual may be connected with criminal activity”. This statement basically explains that unusual conduct of an individual observed by the authorities can give reasonable suspicion that criminal activity may be afoot. This reasonable suspicion is grounds for a stop and brief questioning by the authorities. So, accordingly following these sets of rules, I must analyze how the law applies to reach a decision in favor, or in opposition to the stop of an individual. Defendant Miller clearly showed unusual conduct while walking in the street. He walked in one direction, looked toward the direction of the cops, and more profoundly made eye contact with one
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