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Probable Causes Of The Fourth Amendment In The United States

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Introduction The fourth amendment states, “The United States Constitution provides the right of the people to be secured in their persons, house, against unreasonable searches and seizures, and should not be violated, and no warrants should be issued, but upon probable cause sustained by Oath or affirmation, and specifically the place to be searched, and the persons or things to be seized.” (law.cornell, n.d.). With that being said, in order for the authorities to search and seize an individual, police officers must have probable cause that an individual has committed a crime, police officer must fill out a legal documentation with further details of what it intends to search and seize to receive a warrant, and lastly, they may proceed with…show more content…
It means that we have the right for privacy and the authorities have no right to search an individual unless there is probable cause. Probable cause falls under the fourth amendment which is that the police officer must have a reasonable amount of suspicion to make an arrest, get a search warrant, and seize property. In addition, if the police officers believe that there is probable cause, he or she may arrest and search an individual without a warrant. Police officers may also have a reasonable suspicion for an individual who has or will commit a crime. It is defined as more as a guess but it is less than probable cause. For instance, “A police officer cannot inaugurate probable cause by saying, ‘I just had a feeling that the defendant was a burglar’.” (Berman, n.d.). Moving forward with the type of searches, the most mutual search happens to be stop and frisk. This type of search was conducted because police officers risk their lives every day and there is always crime being committed. Stop and frisk is when the police officer believes there is rational suspicion where a crime has been or will be dedicated. After the stop is made, the officer must be doubtful that the person has any type of weapon in order to perform a frisk, which is a search on the outer clothing of the person. Search of persons and premises is another type of search. This type of search is a full-blown search which does oblige a warrant. Depending on the occurrences, searches can be done before or after an arrest is performed. The way you get a search warrant is by an officer formulating an affidavit for a judge, where that certain affidavit comprises what is being searched, the area to be searched for, and the facts launching probable cause. After this has been made, the judge then approves for the search and releases the warrant to the officers to search for that specific item in
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