The Right of People - the Fourth Amendment

Only available on StudyMode
  • Download(s) : 171
  • Published : October 11, 2005
Open Document
Text Preview
According to the Fourth Amendment, The right of people to be secure in their persons, houses, papers, against unreasonable searches and seizures shall no be violated and no warrants shall issue, but upon reasonable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.

Protection from unreasonable searches and seizures requires police, if they have time to obtain a valid search warrant, issued by a magistrate after the police indicate under oath that they have probable cause to justify its issuance. Magistrates must perform this function in a neutral and detached manner and not serve merely as rubber stamps for the police. The warrant must specify the place to be searched and the things to be seizes. General search warrants are warrants that authorize police to search a particular place or person without limitation are unconstitutional. A search warrant is usually needed to search a person in any place he or she has an expectation of privacy that society is prepared to recognize as reasonable.

Police may make reasonable warrantless searches in public places if the officers have probable cause, or suspicion, that the person in question have committed or are about to commit crimes. No later than two days after making such an arrest the police must take the arrested person to a magistrate so that the magistrate can decide whether probable cause existed to justify a warrantless arrest of people in they own homes.

The Fourth Amendment requires that a se
Under common law police officers apprehending a fleeing suspected felon can us weapons that might result in the felon's serious injury or even death. But the Fourth Amendment places substantial limits on the use of what is called deadly force. It is unconstitutional to shoot an apparently unarmed, fleeing suspected felon unless the officer has probable cause to believe that the suspect poses a significant threat of death or...
tracking img