Criminal Procedure Policy As the founding fathers of the United States began to build the governmental system of the new country they developed new procedures, and used established procedures they were familiar with from the United Kingdom. The Constitution and the Amendments are the basis for the criminal system in this country and the procedures for the courts and the law enforcement community. In this essay, the role of the amendments and the Bill of Rights will be examined as they relate to the court system and the criminal justice system as a whole. One of the significant amendments in criminal policy is the Fourth Amendment. The documents notable components are; the right to be free from unreasonable searches and seizures, and specific requirements to guide in warrant application. The policy requires that the warrants be supported by probable cause, it must be issued by a magistrate or judge, and specific as to what is to be searched and seized (Worrall, 2012). Under the Fourth Amendment the primary concern for police is securing a warrant to prevent unreasonable search and seizure. The police are required to have probable cause before petitioning for a search warrant. They must also provide detailed information about where they are searching including an address for the search (Worrall, 2012). They must also consider out buildings and vehicles that are owned by the suspect (Worrall, 2012). Another concern is detailed information about what is to be searched and
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 of the bill of rights prohibits unreasonable searches and seizures any warrant to be judicially sanction and to support to probable cause.
The bill of rights is a popular document that was not originally in the US constitution, but anti federalists wanted a bill of rights really bad because supposedly they were afraid of a strong central government. They did not want another king so some states refused the constitution until there was a bill of rights. Along with being afraid of a central government they wanted a limited government so that government could not control them. The anti federalists also thought the government would not protect their individual rights enough so they wanted a bill of rights.
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 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 Constitution of The United States of America was created “in Order to form a more perfect Union.” Our rights, as citizens, are protected by the first ten amendments also known as the Bill of Rights. These amendments were established due to the strong objections of the British rule on the original colonies. Particularly speaking, the fourth amendment has protected our rights from unlawful search and seizures. With the implementation of “Probable Cause” and the vagueness of the Bill of Rights, the rules have been stretched and some say violated.We the people, need to develop the fine line between Probable cause and an unlawful search.
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 jurisprudence is primarily concentrated in four areas: 1) defining “searches”; 2) the Warrant Requirement, in which warrantless searches are semantically precluded except in specific and tightly constricted situations; 3) the Probable Cause Requirement, whose exclusive provisions are closely associated with the Warrant Requirement’s proscription of police inquiries into same; and, 4) the exclusionary rule, which presumptively excludes any information or evidence gathered in violation of the preceding two (Rickless, 2005).
“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).
The Fourth Amendment is one of the most important constitutional protections; however, several procedural issues may arise. As seen in this case, the validity of the search warrant was questioned as well as the extent of the protection afforded. A search may be illegal even if a search warrant was issued; probable cause is
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 Fourth Amendment to the U.S. 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 (Fourth Amendment). The text of the Fourth Amendment does not define exactly what “unreasonable search” is. The framers of the constitution left the words “unreasonable search” open in order for the Supreme Court to interpret. Hence, by looking at