Criminal Law impacts law enforcement through the divisions known as the “Big 3”. Policing, Corrections, and Courts in the Criminal Justice System are known as the “Big 3”. Through Policing, Criminal law allows and prevents what police officers can and cannot do in a situation where an arrest can be made. The Fourth and Fourteenth Amendments in the Constitution of the United States impact the rights an individual has that cannot be illegally implemented by Police Officers. Through Corrections in the Criminal Justice System, Criminal law impacts the prisons and jails on the treatment that is required for all inmates and procedures that cannot be illegally done. The Eighth Amendment and the use of excessive force by guards is considered for all …show more content…
Policing
Criminal Law impacts how Police Officers can act under the law in the way they can and cannot act. Police Officers are properly trained to handle a situation and what they can and cannot do when a situation arises where an arrest can be made. Individuals as citizens of the United States have specific rights under the Constitution of the United States that specifically gives the individual rights from Police Officers abusing their power. The Fourth and Fourteenth Amendment in the Constitution of the United States impact on how procedure requirements are to be done for the rights of the individual to not be violated.
The Fourth Amendment
The Fourth Amendment requires that all search and seizures be must be reasonable and if they are considered unreasonable that would violate the Fourth Amendment. Under the Fourth Amendment it is stipulated the prohibition of unreasonable search and seizures without a warrant but there are six exemptions that can constitute a search and seizure without a warrant. The first exception that is stipulated that does not require the use of warrant is if the person is arrested in a way that is permissible under the law then the use of a warrant is not necessary and the person can be searched as well as the area around them can also be searched without a warrant.
The Fourth amendment of the bill of rights prohibits unreasonable searches and seizures any warrant to be judicially sanction and to support to probable cause.
The Fourth Amendment states, '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
Policing methods have unequivocally expanded throughout the years with several different amendments from the U.S. Constitution like the Fourth, Fifth and Sixth Amendment. Through these amendments, many speculate if expanding law enforcement methods are bypassing the rights of the U.S. Constitution.
The fourth amendment gives people the right to not get illegally search. In other words someone can’t just run up to you and search you they have to have a good reason too search you.. The fourth amendment however is not guaranteed against all searches and seizures, but only those that are deemed unreasonable under the law.
Fourth Amendment protects people from unreasonable searches and seizures of certain papers, books, documents etc. Rules are not violated in it. There must be probable reason because in order to arrest a particular person without a search warrant. It possesses an oath or affirmation from the government. It has two fundamental rights as Right to privacy and Right to freedom. Search occurs when it has a correct reason that was obligated by the government people. Private individuals are violated from this amendment. A seizure happens the owner must has a right documents with him on his own property, if not the documents is seized and the person gets arrested. Sometimes the property belongs to other possessor but in mistake reasonable person gets involved in the task. The banning of unreasonable searches can violate many things to be happen.
“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 place to be searched, and the persons or things to be seized.” (FindLaw, 2014)
1. The Fourth Amendment of the U.S Constitution says, “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 place to be searched, and the persons or things to be seized.”
The Fourth Amendment provides, "[t]he 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 place to be searched, and the persons or things to be seized."
The Fourth Amendment to the United States Constitution states, “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 place to be searched, and the persons or things to be seized”. It consists of two clauses, the reasonableness clause which focuses on the reasonableness of a search and seizure and the warrant clause which limits the scope of a search. There are many views on how the Fourth Amendment should be interpreted, especially by today’s standards. The world has evolved significantly since the implementation of the Bill of Rights. As it evolved, time brought about numerous cases on the applicability of the Fourth Amendment. When plaintiffs are not satisfied with the decision of lower courts, they can
The Fourth Amendment of the United States Constitution applies to a person and their home by providing protection against unreasonable seizures and searches. While it provides protection, not every search and seizure can be deemed unreasonable unless it is classified as per the law, by determining whether there was: a) the level of intrusion of the individuals Fourth Amendment, and b) whether or not it pertains to the government’s interest, such as safety of the public.
The 4th Amendment of the United States Constitution states that the police cannot make arrest, search citizens and their property without a warrant, take away objects or participate in surveillance unless given authorization from a judge or if the issue needs a search or seizure without the court's approval (The
The right of the people to be secure in their persons, 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 place to be searched, and the persons or things to be seized.
Chapter 5 is the most important chapter for anyone who joins the law enforcement world. The chapter goes in depth of the policing legal aspects that anyone in the criminal justice system must know. Warren court was introduced as the ideology of offenders being protected by their individual rights. Warren Court believes it is best for the law enforcement to conduct their work by enforcing the law, however; the warren court believes individual rights is an important value. Furthermore, the chapter discusses the 4th Amendment’s definition and clauses. However, the consequence for law enforcement was not presented in the 4th Amendment. Many rules and doctrines were created to limit the corruption of law enforcement of over abusing the 4th Amendment.
When conducting possible searches and seizers, the Fourth Amendment is made to protect unreasonable conduct. Due to
The Fourth Amendment reads, “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 place to be searched, and the persons or things to be seized” ("Fourth Amendment legal definition of Fourth Amendment. Fourth Amendment synonyms by the Free Online Law Dictionary", n.d.). The fourth amendment prohibits “unreasonable searches and seizures” (Gardner & Anderson, 2012, p.