Preview

What Are The Advantages Of The 4th Amendment

Good Essays
Open Document
Open Document
741 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
What Are The Advantages Of The 4th Amendment
The 4th Amendment and Mapp v. Ohio

Neva S.Paich

DeVry University

Professor Dunn

November 10, 2012

The 4th Amendment to the Constitution was given to us for our own protection, it is a right we have to secure us against something called “unreasonable search and seizures” by the government. It limits and gives certain procedures so that the government cannot abuse their powers. The 4th Amendment makes sure that government officials do their jobs as they should, abiding by certain procedures that are describe on how government officials such as police officer’s or sheriff’s, pretty much all law enforcement can go forth with the search and seizure process (Wrightman ,Nietzel, & Fortune, 1994, p. 59-60). The 4th Amendment to the Constitution was intended to prevent bodies of the government from frightening citizens and intimidation. It thus provides that searching and seizing one’s premises must be done after the police obtain a warrant from a judge. The warrant must be legal, dated, actually signed by a judge, state the reason for the search, specify the exact location and exact address, and most off all what the police
…show more content…
Mapp Appealed of course on grounds that the police obtained the evidence illegally, due to them having no warrant and therefore illegally obtaining evidence, which could not be used and admitted in court. The U.S. Supreme Court agreed with Ms. Mapp and agreed that illegally obtained evidence should be excluded from court according to the provisions of the Exclusionary Rule. Which is part of the 14th Amendment to the Constitution and was adopted in 1914, it states that “if police obtain evidence illegally, the remedy was to make such evidence inadmissible in court”. The Mapp case made the “Exclusionary Rule binding in all states, in this way it provides remedial measures to every suspect whose case may involve evidence obtained in an illegal search and seizure by police (Wrightman, Nietzel, & Fortune, 1994, p.

You May Also Find These Documents Helpful

  • Good Essays

    It is dangerous world when you’re not safe in your own home. Thieves and robbers are not the suspects anymore; instead it’s the authorities that take their place in terrorizing your mind and body. The policing authorities have been given a free pass to do as they please to put fear in the nation’s eyes. With the implementation of acts such as the Patriot Act, the due process to investigate an individual was taken out of the question. The right guaranteed by the constitution of America to have proper documentation and proof to investigate any wrong doing, is not practiced anymore. Every citizen has the right to have search and seizures regulated as to give proper checks and balances to the police. However that is not the case in the present United States.…

    • 1081 Words
    • 5 Pages
    Good Essays
  • Good Essays

    “The Fourth Amendment of the U.S. Constitution provides, 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,” n.d., para .1).…

    • 543 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Would you like the police to know your every move? Law enforcement agents must obtain a warrant based on probable cause to attach a GPS device to a car and track its movement. The case United States V. Jones, suggested that the Fourth Amendment must continue to protect against government intrusions. Any use of a tracking device without a warrant would be highly risky for law enforcement…

    • 647 Words
    • 3 Pages
    Good Essays
  • Better Essays

    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 place to be seized (Lehman 471-476).” This amendment can be broken into 2 distinct parts the reasonableness clause and the warrant clause.…

    • 1175 Words
    • 5 Pages
    Better Essays
  • Good Essays

    4th Amendment protects your right against unreasonable search and seizure of property, papers, or people without valid probable cause…

    • 791 Words
    • 4 Pages
    Good Essays
  • Good Essays

    As of today, the Constitution’s Fourth Amendment remains fair. The U.S, Constitution’s Fourth Amendment protects personal privacy and the right to be free from unreasonable search and seizure. Full body scans at airports are reasonable because of what has happened with terrorism in the U.S. in the past. Failing to carry out a warrant correctly results in consequences.…

    • 446 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Fourth Amendment of the United States Constitution prohibits unreasonable search and seizures stating, "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 Bill of Rights the First Ten Amendments) Law enforcement communities often bring up the argument that the Due Process Model puts constraints on law enforcement's capability to battle crime. The law enforcement community must…

    • 676 Words
    • 3 Pages
    Good Essays
  • Good Essays

    4th Amendment

    • 279 Words
    • 2 Pages

    In the Constitution of the United States of America, the first 10 Amendments are called, “The Bill of Rights.” 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 place to be searched, and the persons or things to be seized.” To this day, that amendment is active without any changes. Why do you think? I’ll explain why I think it has lasted over 220 years in our country.…

    • 279 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Fourth Amendment

    • 384 Words
    • 2 Pages

    Issue-What is the basic legal question regarding the law that will be used in the case…

    • 384 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    4th Amendment Case Study

    • 704 Words
    • 3 Pages

    Explain the two-fold requirement discussed in Katz v. United States, for analyzing when a search occurs under the 4th Amendment.…

    • 704 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Constitutional Law

    • 850 Words
    • 4 Pages

    “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,”)…

    • 850 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Fourth Amendment of the United States Constitution states: Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause. This amendment impacts law enforcement because police need a warrant to make arrests and searches. This is not applicable if the officer has first-hand knowledge of an event and the evidence is likely to be destroyed or the subject will abscond if time is taken to get a warrant. If a warrantless search is made by the police that should have been made only after a warrant was issued, then all knowledge gained by that evidence is not allowed in testimony.…

    • 868 Words
    • 4 Pages
    Good Essays
  • Good Essays

    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 persons or things…

    • 482 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Dlk Dbq Analysis

    • 549 Words
    • 3 Pages

    The Fourth Amendment is used in a precedent case, Katz v. United States. It states, “[T]he Fourth Amendment protects people, not places…” (Document A) With this considered, the police did not invade his personal belongings, only the view of a public space (Document C). Justice John Paul Stevens says, “Heat waves, like aromas that are generated in a kitchen…, enter the public domain if and when they leave a building…” (Document F) The government has complete jurisdiction in what they are doing, because Document E states, “The use of the thermal imager in this case is not a Fourth Amendment search”. Sam this is an excellent paragraph. You are able to combine various documents into one…

    • 549 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    “The Fourth Amendment provides the people of the United States, the right 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 and things to be seized” (U.S Constitutional Amendments, 1972). The design of this Amendment is to create a type of barrier in order to protect individual rights to privacy, also preventing illegal search, and seizure of personal property. These search warrants are in…

    • 1424 Words
    • 4 Pages
    Powerful Essays