Farheen Iqbal Political Science Professor Homer 04/29/2015 Police stopping and Search (A) Every American and immigrant has the constitutional right to be free from unreasonable search and seizure. Unfortunatly‚ The police often has power to stop and search which are suspected to have stolen or had done something that is illegal. It has been obvious policing tool since the government has given more power to them. However it had prevented criminal acts happening as police can stop and search anyone
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Landmark Racial Profiling Cases Erika J. Shorter University of Maryland University College CJMS 650 9040 Cole and Smith (2007) define racial profiling as‚ “the use of race and ethnicity as clues to criminality.” This term is commonly used to refer to police or other law enforcement officials singling out a person or group of people as “potential suspects” because of their race or ethnicity (p.98). Terry v. Ohio On October 31‚ 1963‚ while on a downtown beat which he had patrolled many times
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put in place to give US citizens protection from corrupt police and government officials. A common Amendment that most Americans don’t realize we have is the Fourth amendment. The Fourth Amendment gives us protection against arbitrary searches and seizures without a proper warrant. It was first used to prevent the use of writs of assistance which is blanket search warrants with which the british custom officials had invaded homes to search for smuggled goods. As the fourth amendment has changed and
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I. THE FOURTH AMENDMENT SHOULD CONTROL MALICIOUS PROSECUTION CLAIMS INVOLVING PRETRAIL DETENTIONS WITHOUT PROBABLE CAUSE Years ago this Court instructed that the Fourth Amendment should be used to analyze allegedly unconstitutional “detention[s] of suspects pending trial.” Gerstein v. Pugh‚ 420 U.S. 103‚ 125 n.27 (1975). Since then this Court has reaffirmed that the “detention of criminal suspects” is “governed by the provisions of the Fourth Amendment.” Albright v. Oliver‚ 510 U.S. 266‚ 274 (1994)
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The Fourth Amendment to the Constitution states that people have the right "to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚" but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States
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made may properly be seized without a warrant as long as such items are immediately recognizable as subject to seizure (Criminal Procedure: Law and Practice 2004). In other instances police can also seize evidence that is in open fields. The open fields doctrine holds that items in open fields are not protected by the Fourth Amendment’s guarantee against unreasonable searches and seizures‚ so they can properly be taken by an officer without a warrant or probable cause (Criminal Procedure: Law and
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on the legal requirements and circumstances under which it is necessary to obtain a search and seizure warrant before crime scene processing. According to the Fourth Amendment search and seizure requirements‚ a warrant is required any time a reasonable expectation of privacy exists. Therefore‚ in an effort to protect the right of the people and their belongings against unreasonable search and seizures and up hold the law officials accountable for fair treatment and processing procedures. When a
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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 was ratified into the Bill of Rights on December 15th‚ 1791 and is the section that protects us against illegal and/or unreasonable searches and seizures of our homes‚ person or property and was drawn from the “Every man’s
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Did the police conduct a lawful search and seizure under the guidelines described in the text. Explain why or why not. o Was the suspect’s Fourth Amendment rights violated? • Was it reasonable? • Was there probable cause? o What evidence in the case study led you to this conclusion? o What about the arrest was conducted in a proper manner? In an improper manner? o When did
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and seizures; however‚ it does not guarantee against all searches and seizures if there is reasonable doubt. Searches are determined on two important interests. The first is the intrusion on the individual’s Fourth Amendment Rights; the second includes legitimate government interests such as national security. What constitutes a reasonable suspicion? Where must a public official draw the line? How should one address any “gray area” that might arise? Most will agree that search or seizure that
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