Sunday, May 17, 2020
The Amendment Protection Against Unreasonable Search And...
Michael Brown in Ferguson, Eric Garner in Staten Island, Tamir Rice in Cleveland, Walter Scott in North Charleston and, most recently, Freddie Gray in Baltimore have dominated the headlines this entire school year. These men and their stories provide the basis for claims of racially discriminatory treatment of African Americans at the hands of the police. It is true that each of the stories surrounding these men is different, but the one unifying theme is that police around the country are interpreting our Constitutional rights in a way that is insufficient to protect African Americans and the population in general. This paper will explore one Constitutional rightââ¬â the 4th Amendment protection against unreasonable search and seizures--and examine how one Supreme Court decision that narrowed the scope of the 4th Amendment and unintentionally created a mechanism by which the rights of citizens could be unfairly impeded by police. On June 10 1968, the United States Supreme Court sided with the government in the case Terry v Ohio, and held that the practice of ââ¬Å"stop and friskâ⬠was within the bounds of the 4th Amendment and therefore constitutional. On October 31, 1963, while walking a routine beat in Cleveland, Ohio, Officer Martin McFadden noticed a group of three African American men acting suspiciously outside of a jewelry store. After watching them walk by the store and reconvene almost 24 times, McFadden approached the group, identified himself as an officer andShow MoreRelatedThe Fourth Amendment And The Fourteenth Amendment987 Words à |à 4 PagesCitizens are protected by two constitutional amendments, under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises (including a vehicle), and any seizure of tangible evidence, must be reasonable. 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 particularlyRead MoreIt Is A Good Faith Mistake1291 Words à |à 6 PagesThe fourth amendment is known for its ambiguity, however when taking a deeper look it is also where the exclusionary rule is derived from. The fourth amendment provides freedom from unreasonable search and seizure, meaning any evidence obtained violating the exclusionary rule is inadmissible in court. Unless, it is a good faith mistake. The evolution of the exclusionary rule is important and vital in providing protection to the people. Protection from the federal government and state officials willRead MoreCrj: 201 Law Enforcement Essay877 Words à |à 4 Pagesthe trust of the people. By obeying the laws just like the rest of the United States, they gain the social legiti macy that is needed in communities. Weeks Vs. United States Weeks. Vs. The United States was the case where Fremont Weeks filed suit against the United States for illegally entering his home and seizing papers that were used in his conviction of transporting lottery tickets through the mail. While at work one day the police went to his home, found the key to his home, and entered. AfterRead MoreEssay on The Act of Search and Seizure in the United States978 Words à |à 4 Pagescrime, and the act of taking possession of this property,â⬠also known as conducting a search and seizure. It is a necessary exercise in the ongoing pursuit of criminals. Search and seizures are used to produce evidence for the prosecution of alleged criminals. Protecting citizens from arbitrary searches, the Fourth Amendment of the Constitution is our right to limit and deny any unreasonable search and seizure. More often than not, police officers tend to take advantage of their authority by theRead MoreThe Fourth Amendment And Warrants1710 Words à |à 7 Page sThe Fourth Amendment and Warrants The US Bill of Rights, written to limit government power in response to the tyranny of England on the colonies, gave birth to the first 10 amendments to the Constitution. The fourth amendment, contained within the Bill of Rights, will be the principle subject in this research paper. Swanson, Chamelin, Territo and Taylor (2012), noted the Constitutionââ¬â¢s fourth amendment stated the following: The Right of the people to be secure in their persons, houses, papers,Read MoreAssignment Sub Heading : Fourth Amendment Right On Search And Seizure877 Words à |à 4 PagesAssignment sub-heading: Fourth Amendment Right to search and seizure TITLE AND CITATION: Arizona v. Johnson, 555 U.S. 323 (2209) TYPE OF ACTION: This is a criminal case, did officers Trevizo violate the Fourth Amendment s protection against unreasonable searches and seizures during a routine traffic stop for suspended registration. Johnson was search even after he comply with officer Trevizoââ¬â¢s command. The Arizona Supreme Court denied review. We granted certiorari, and now reverse the judgmentRead MoreExclusionary Rule Of The United Kingdom1180 Words à |à 5 Pagesthe Fourth Amendment. The court constructed the exclusionary rule to place restrictions on unreasonable search, seizure and presentation of evidence in court cases. To understand the nature of the rule the details of it will be discussed in this format. [The drafters of the Fourth Amendment intended for it to be protection from unreasonable search and seizure like those that had been practiced in the United Kingdom. Many years later the system had not completely provided the protection that the foundingRead MoreA Brief Note On The Stop And Frisk809 Words à |à 4 Pagesaround the Fourth Amendment s protection against unreasonable searches and seizures. As mentioned above, the stop-and-frisk is not an unreasonable search; in fact, it is not a search at all. It is an anti-crime measure that police utilize as a proactive method of policing, with the objective of deterring criminals from ââ¬Å"totingâ⬠illegal weapons on the streets. This preventive approach to crime fighting allows law enforcement to question suspicious individuals, while offering protection for the officerRead MoreThe Amendment Act Of The United States1669 Words à |à 7 Pageswas a protection of citizen s ââ¬Å"unalienableâ⬠and ââ¬Å"naturalâ⬠r ights. The Bill of Rights As I have said previously, the Bill of Rights was a means of protecting citizens rights which they were entitled to anyway. Among these protections were the freedom of religion, speech and of the press. Additionally, citizens were guaranteed due process of law and protection against unlawful intrusions into their privacy. Specifically, what protects us against unlawful intrusion today is the Fourth Amendment to theRead MoreThe Second Amendment Of United Nations Constitution1649 Words à |à 7 Pages1. Fourth Amendment: Under the fourth amendment of United Nations constitution the people have a right to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures. Warrants would not be issued, unless based on a cause and supported by an oath or affirmation with detailed description of the place to be searched and the things or persons to be seized. The aim of this amendment is to protect the right to privacy of the people and freedom of intrusions from
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.