The Fourth Amendment in Criminal Procedure Essay

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The Fourth Amendment to the United States Constitution was first introduced in 1789 by James Maddison, and was a part of the Bill of Rights which includes the first ten amendments. The Fourth Amendment was created and ultimately it was created to protect two things the right to privacy and the freedom against unlawful invasions. The exact wording of the Fourth Amendment is “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 person or things to be seized.”(“Fourth Amendment”). Now after reading…show more content…
In my paper to follow I intend to better educate and provide examples and different situations dealing with the Fourth Amendment in criminal procedures. A case that took place back in 2001 in Florida is a good example of use of the Fourth Amendment in a court case. On a night in July in Florida Anthony Frierson was in his vehicle waiting to turn at a left turn. When the light turned green Frierson made his turn without using his signal and was pulled over by Officer Steven Miller. An important fact to note is that it not illegal to make a turn without your signal in Florida. After Officer Miller pulled Frierson over he obtained Frierson’s driver’s license, and ran his license through a routine warrant check. Upon doing so he came to find out that Frierson had an outstanding warrant out for his arrest, and proceeded to arrest Frierson on the basis of the warrant. Whenever a police officer arrests someone on a traffic stop they conduct a search incident to arrest, once he proceeded to search Frierson’s vehicle he found an illegal firearm in his car and Frierson was later charged for that also. An issue arose that took the case all the way to the Florida Supreme Court. Since Officer Miller conducted an illegal stop Frierson’s defense team wanted the
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