Obtaining Physical And Other Evidence Essay

The Fourth Amendment is the first line protection against the government and their officials from violating our privacy. The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place. This Amendment protects us in the following situations such as being questioned while walking down the street, being pulled over while driving, entering individual’s homes for arrest and searching of evidence while there. In most scenarios, police officer may not search or seize an individual or his or her property unless the officer has a valid search warrant, a valid arrest warrant, or a belief rising to the

The fourth amendment applies only to full searches and arrests; so short of full arrest and searches, officers’ discretion controls their contacts with individuals in public places.

The purpose for the Fourth Amendment is to protect people from intrusion of the government in areas where they have a reasonable expectation of privacy. It prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances. “The Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction. Surveillance and investigatory actions taken by strictly private persons, such as private investigators, suspicious spouses, or nosey neighbors, are not governed by the Fourth Amendment” (Criminal.Findlaw.com, 2013).

The Supreme Court made it clear with its ruling that, police do have the authority to stop or detain an individual for a questioning for a short-term period without probable cause if he/she make have or about to commit a crime. This ruling is important because it gives police officer the authority to help protect him/herself as well as the community. It also puts steps in place to protect citizens from unreasonable search and seizure that is protected our Fourth Amendment right. In the case of Terry v. Ohio a police detective observed two men walking up and down a street several times and gazing into a store window. The officer observing conduct from the individuals that would lead him or her to suspect that a crime has already happened or about to happen is one of the necessities need to consider this as a valid stop. The officer identified himself as an officer of the law and began to inquire and request identification. The officer in this case followed the required guidelines for a valid stop. In return the Supreme Court ruled that this was a valid stop and frisk. According to United States Supreme Court TERRY v. OHIO, (1968) MR. JUSTICE HARLAN, concurring. While I unreservedly agree with the Court 's ultimate holding in this case, I am constrained to fill in a few gaps, as I see them, in its opinion. I do this because what is said by this Court today

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

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 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” (www.law.cornell.edu).

Under the Fourth Amendment, the police cannot just force their way into someone’s home without probable cause. Even with probable cause, the police need to have the consent of the owner or a warrant that says they can search the premises, and that anything they find can be “used against you in a court of law” (Miller, 2016). The Fourth Amendment is one of the most important amendments to the criminal justice system. The Fourth protects citizens from the police obtaining things that could lead citizens to be convicted for something that the police did not have permission to obtain in the first place. The exclusionary rule was put in place by Mapp v. Ohio and Weeks v. United States.

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 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)

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.

All Americans are entitled to their rights. The Fourth Amendment states that we the people have to deny search and seizures from law enforcement without a warrant. The fourth amendment generally prohibits police from entering a home without a warrant unless the circumstances fit an established exception to the warrant requirement. According to the book The Constitution: Our Written Legacy by Joseph A. Melusky, the Fourth Amendment gives the right of the people to be secure in their person, houses, papers, and effects against unreasonable searches and seizures. Although we are entitled to these rights, police sometimes use and abuse their authority. In many cases, the Fourth Amendment has helped prove the innocence of one’s actions.

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 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.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search 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 seized.”