The United States Constitution And The Criminal Justice System

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 Fifth Amendment states that “ no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except for cases arising in the land and naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” This amendment states in the first line that, no one can be put on trial for a serious crime unless decided by a Grand Jury that there is enough proof to need a trial. It also states if there is enough proof then the Grand Jury can decide to indict them and they can be charged with the crime. The second line states that military personnel can go to a trial without a Grand Jury first deciding so, this is only applicable in time of war or national emergency. In the third line of the Fifth Amendment states that if someone is put on trial and the trial ends then the person cannot

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 Fourth Amendment of the United States Constitution protects one’s rights against unreasonable searches and seizures. It also states that no warrants shall be issued without probable cause. Probable cause can be defined as a person of reasonable caution who believes that a crime has been committed and the person accused has committed that crime. Modern law has afforded police officers an incentive to respect this amendment, known as the “stop and frisk” act. The Stop and Frisk law allows police officers to stop someone and do a quick search of their outer clothing for weapons: if the officer has a reasonable suspicion that a crime has or is about to take place and the person stopped is armed or dangerous. The reasonable

Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.

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.

As concluded, Fourth amendment provides the protection to U.S. citizens from unauthorized searches and seizures by law enforcement officers. Simply the law enforcement officer do not have any authority to perform searching on persons personal things or places, otherwise it would violate fourth amendment. In some special scenarios an officer may perform searches at any place, at times time is very short to get search warrant from judge or at emergency situations. Later he has to explain the correct or probable reason that makes him to perform search.

The fourth amendment stops the police from unreasonable searches and seizures. This means that the police cannot search or take your items without a reason. If the police pulls you over and searches your car without a reason, then they are violating the fourth amendment and could be punished for it. Police can easily avoid this amendment, but it can still be enforced if they do not give a logical or reasonable reason for searching your items.

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 search and seizure stipulate that the Fourth Amendment is about privacy. It gives a prevision of protection of personal privacy to every citizen’s right, not to serve as a fixed protection against the misuse of the government, but to be free from unreasonable government intrusion into individuals lives. There is an understanding that one must know when looking into the Fourth Amendment and expecting protection, that must be considered. It serves as a protection for the rights of the people during police stops, arrests, searches and seizures of homes, papers and businesses. It has been placed to be a legal mechanical device to ensure that people’s rights are treated fairly under limited circumstances from those who are in a legal position. The Fourth Amendment stretches out to demonstrate the protection of search and seizure. This constitutional protection is provided to individuals in many scenarios. When police have a valid search warrant, a valid arrest warrant or the belief that probable cause in which a crime has been committed it shows that law enforcement has validation or at least a solid belief of probable cause during a search or seizure, but just so you understand the police can override your privacy, your concerns and conduct a search of you and your personal space. Law is a concrete form of rules that has been placed in a foundation that was established for policy holders to refer back to encase there is a need for an exclusionary rule (Nd 2014). During my

Chapter 11 Article 1 The Supreme Court could soon deliver a crushing blow to the Sixth Amendment

“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.”

When it comes to the United States, (U.S), the majority of the American people love their seconded amendment rights. As stated in the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, the second amendment of the United States Constitution, for the most part, protects the U.S. citizens rights to “keep and bear arms” (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 167). That being said, each state in the U.S. will vary in their firearms laws. For instance, some states make it easier for their residence to purchase or use a firearm; other states may have stricter laws that require a more scrutinized screening process. To be more specific, most states vary in elements, such as the exceptions to the National Instant Criminal Background Check System, or NICS, the waiting period on purchasing firearms; if someone needs a license to own or purchase a gun; if registration is required; and if a record of the firearm sales is sent to the local police. Other factors that will differ from state to state would include, if some firearms are permitted or not allowed to be sold or owned by a state, the concealed carry laws, hunter protection laws; range protection laws, and finally, not all states have firearm injury lawsuit preemption.

What are constitutional rights and why are they so important to us? Our Constitutional rights are in place to protect us from wrongful conviction and improper police behavior. Originally these rights were made in reaction to the abusive conduct displayed by British authorities during Colonial times. Without the Constitution and the Bill of Rights, we would not be a democracy, but instead we would become a communist country. The Constitution is pretty much our basis of freedom, because boundaries are set and it gives the government guidelines to which ones they can interfere with without violating them. Most