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Fourth amendment analysis
Fourth amendment analysis
Questions on the fourth amendment
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The criminal procedure has many aspects that can protect people’s rights from illegal practices of the law. Just to name a few of the aspects of the criminal procedures; the fourth amendment states that a citizen is secure in their home and property from unreasonable search and seizure. Another aspect and the aspect that I will be talking about in this paper is the exclusionary rule.
The exclusionary rule bans introduction of “good” evidence obtained by “bad” law enforcement. This basically means that evidence that could be used that would otherwise determine that the defendant was/is guilty is inadmissible due to bad police conduct. Which means that the police illegally obtained the evidence.
The exclusionary rule is a constitutional rule of law based upon Court interpretation of the constitutional prohibition against unreasonable searches and seizures, which provide that otherwise admissible evidence, may not be used in a criminal trial if it was the product of illegal police conduct.
Weeks v. United States, 1914, declared that evidence obtained by law enforcement agents in vio...
The concurring opinion was given by Justice Blackmun. He agreed with the majority opinion that the exclusionary rule is valid as long as the officer and magistrate act in ?good faith?, but he wanted to stress that it is not a rule to take lightly, that it may change with how cases such as this are handled in the future. (United States v. Leon ,
The Court held that because of the “special facts” the “attempt to secure evidence of blood-alcohol content in this case was an appropriate incident to petitioner’s arrest.” Under current jurisprudence, we would construe the language about “special facts” as relating to the exigent circumstances exception to the Fourth Amendment – which resists categorical rules – and instead focuses on the need for the intrusion and the availability of a warrant. However, the language also justifies the search as “incident to petitioner’s arrest,” which would indicate that the test was upheld as a search incident-to-arrest. In situations where it is appropriate, that has been described as a “categorical” exception to the warrant requirement that does not require any case-by-case
The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, 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 searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine.
The majority opinion, written by Justice Clark, states that all evidence obtained in an illegal search cannot be used as evidence in a state criminal trial.
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
According to the Fifth and Fourteenth Amendments of the United States Constitution, the government is not allow to take away any individual’s life, liberty or property without a fair due process of law. Within the due process we can find the substantive and procedural process (Wasserman, 2004). The substantive put limits on the government actions such as interfering with certain personal basic interest. However, the procedural process protects the accused individual’s rights by ensuring that such person has the opportunity to be heard, and get a fair trial.
America's War on Drugs: Policy and Problems. In this paper I will evaluate America's War on Drugs. More specifically, I will outline our nation's general drug history and look critically at how Congress has influenced our current ineffective drug policy. Through this analysis, I hope to show that drug prohibition policies in the United States, for the most part, have failed.
Thomson Reuters. (2013). The Fourth Amendment and the “Exclusionary Rule”. Retrieved December 1, 2013, from http://criminal.findlaw.com/criminal-rights/the-fourth-amendment-and-the-exclusionary-rule.html
As described in novel The Tipping Point: How Little Things Can Make a Big Difference the course of any trend, movement, social behavior, and even the spread of a virus has a general trend line that in essence resemble a parabola with 3 main critical points. Any trend line first starts from zero, grows until it crosses the first tipping point, and then spreads like wildfire. Afterwards, the trend skyrockets to its carrying capacity (Galdwell, 2000). Then the trend gradually declines before it reaches the next tipping and suddenly falls out of favor and out of memory. Gladwell defines tipping points as the “magic moment when an idea, trend, or social behavior crosses a threshold, tips, and spreads like wildfire” (Gladwell, 2000).
The War on Drugs is believed to help with many problems in today’s society such as realizing the rise of crime rates and the uprooting of violent offenders and drug kingpin. Michelle Alexander explains that the War on Drugs is a new way to control society much like how Jim Crow did after the Civil War. There are many misconceptions about the War on Drugs; commonly people believe that it’s helping society with getting rid of those who are dangerous to the general public. The War on Drugs is similar to Jim Crow by hiding the real intention behind Mass Incarceration of people of color. The War on Drugs is used to take away rights of those who get incarcerated. When they plead guilty, they will lose their right to vote and have to check application
Defenders of the Miranda decision say that fewer crimes solved are for a good reason. They believe that law enforcement officers were forced to stop coercive questioning techniques that are unconstitutional. Over the years, the Supreme Court has watered down its stance in saying that the Miranda rules are not constitutional obligations, but rather “prophylactic” safeguards intended to insure that officers do not force a confession from a suspect. The need for both effective law enforcement as well as protection of society dictates the need for potential alternatives to the limitations of Miranda that would simultaneously protect the interest of society in effective law enforcement while at the same time providing protection to suspects against unconstitutional force (www.ncpa.org).
...ate the exclusionary rule all in the name of anti-terroism. However the exclusionary rule’s power was pristinely intended to be used only in federal cases but its was later extended to the state level by the landmark case Mapp vs. Ohio in 1961.This precedent means that all evidence seized, whether by state officials under incipient anti-terrorist state laws, or by federal agencies under the USA PATRIOT Act, is subject to the Fourth Amendment and its exclusionary rule.The Supreme Court has additionally been required to apply the principles of the Fourth Amendment to new technologies which were not yet discovered in 1791.Notwithstanding the last 200 years of case precedent which greatly expanded the analysis of the Fourth Amendment, the NSA wiretapping (under which the Patriot Act allows) greatly expands the authority of the NSA and encroaches on those precedents.
In 1968, Herbert Packer was a Stanford University law professor who constructed two models of criminal process, due process and crime control. The due process model was Packer’s view that criminal defendants should be presumed innocent, courts must protect suspects’ rights, and there must be come limits placed on police powers. The crime control model is a model that emphasizes law and order and argues that every effort must be made to suppress crime, and to try, convict, and incarcerate offenders. Packer’s crime control model suggested that most cases ended in guilty please or withdrawals. In contrast, his due process model suggested that cases that go to trail and are appealed were the most influential. The due process and crime control model differentiate in
In the early 1980s, policymakers and law enforcement officials stepped up efforts to combat the trafficking and use of illicit drugs. This was the popular “war on drugs,” hailed by conservatives and liberals alike as a means to restore order and hope to communities and families plagued by anti-social or self-destructive pathologies. By reducing illicit drug use, many claimed, the drug war would significantly reduce the rate of serious nondrug crimes - robbery, assault, rape, homicide and the like. Has the drug war succeeded in doing so?