4th Amendment Essay

Words: 764
Pages: 4
Open Document
Before Incorporation of the the Bill of Right, specifically the 4th and 14th amendment, states had the flexibility to be intrusive with their police powers, States police powers varied but it was the incorporation of the 4th amendment and others that set guidelines of how intrusive the government can legally be. Now, we find the 4th amendment helpful, to protect our privacy from the government. The 4th amendment brought about the need for probable cause or a warrant when search or seizing. The, the court came across Terry v. Ohio where the concept of reasonable suspicion originated from. The actions based on reasonable suspicion have to be articulated well for them to be permissible. Although probable cause was already there to allow police …show more content…
He followed them, they ended up in front of the store talking to Katz. McFadden approached them, told them he was a police officer, and asked for their names. After the group gave some sort of a response, McFadden frisked terry felt a pistol, he couldn’t take it at first, so he ordered the group to go inside the store. In the store, McFadden removed the coat and then took the pistol, and patted all of them down. When Chilton was patted down, the detective also felt a gun in his coat. He did not feel a gun on Katz. Mc Fadden took all of them to the police station, yet on Terry and Chilton were charged for having concealed weapons (Saltzburg, 1998) When speaking on reasonable suspicion it appears as if McFadden in the Terry case had the ideal of what reasonable suspicion is based on. McFadden looked at the many factors, the patterns, such as them walking back and fourth at this specific store. In regardless, one can still see that he has been an officer for a long time and that may have made not only establishing credibility easier, but in distinguishing the situation as something unusual. In Terry, Chief Justice Warren repeated the rationale given that if a police officers comes across suspicious activity that can make him reasonably conclude through his experience that a crime may be in the process
Show More

Related Documents: 4th Amendment Essay

Essay On 4th Amendment

The Fourth Amendment protects persons from unreasonable searches and seizures (including arrests). Under most circumstances, it requires that a judge issue a search warrant authorizing law officers to search for and seize evidence of criminal activity, but the warrant can be issued only when there is probable cause. In 1914, the Supreme Court adopted the exclusionary rule, which barred evidence seized illegally from being used in a criminal trial; in 1961, the rule was made applicable to the states…

Words 505 - Pages 3

Essay On 4th Amendment

Describe the type of search the framers of the Constitution prohibited through the Fourth Amendment. Searches that were prohibited through the Fourth Amendment were, general warrant and searches, multiple specific warrants, no clurnal searches and no-knock entries that were considered unreasonable (pp.739.50, Cuddily, William). General warrants were use just because officers may disapprove of you. Anyone that they wanted to target this type of warrants were use even if they did not have probable…

Words 662 - Pages 3

Essay about The 4th Amendment

Discussing the 4th Amendment Alex Smith American Military University Discussing the 4th Amendment The 4th amendment is one of the first ten amendments known as the Bill of Rights. It’s also one of the most common amendments that are violated amongst the citizens in the United States by law enforcement. Not everyone has common knowledge of their 4th amendment. Citizens aren’t aware of what really a search is and what really is considered a seizure. This is something that needs to be known because…

Words 1431 - Pages 6

Argumentative Essay: Warren Court And The 4th Amendment

Gian Gualco-Nelson Warren Court and the 4th Amendment “[T]he 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.” Justices on the Supreme Court of the United States are employed to analyze and answer controversial questions…

Words 3492 - Pages 14

How Did James Madison Influence The Constitution

Madison was elected to the newly formed U.S. House of Representatives, where he served from 1789-97. Madison also played a strong role in the ratification process, and wrote a number of essays outlining his support for the Constitution. (James, History) Once the new constitution was written, it needed to be ratified by 9 of the 13 states. This was not an easy process, as many…

Words 740 - Pages 3

Fourth Amendment Research Paper

4th Amendment 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 4th amendment is right for people to feel secure and safe with their items and properties. They also have the right for no one to search or look…

Words 517 - Pages 3

Legislative Process in the UK: How a Bill Becomes an Act Essay

Essay Cycle 2 Most Bills can begin either in the House of Commons or in the House of Lords. The Government will make this decision based on the need to make sure each House has a balanced programme of legislation to consider each session.1 Bills will need to go through the following stages in each House before becoming an Act. First reading – the title of the Bill is read to the Parliament and date for second reading is set so that MPs can prepare for it. Second reading is very important stage of…

Words 676 - Pages 3

Civil Rights Movement Test

lagging economy. He thought that if blacks first proved their worth in the marketplace political equality and social integration would follow. Reconstruction Amendments: 13th- abolished slavery; 14th-gave blacks citizenship guaranteed them equal protection under the law; 15th-prohibited racial discrimination in voting. These amendments worked to promote equality to the four million blacks that entered the mainstream of society after the civil war. Mississippi Plan: The violent restoration of…

Words 392 - Pages 2

Bill of Rights EssayNSAThey are reading

Bill of Rights Essay NSA They are reading this essay right now. At least they could be. Should we be worried? Every phone, every email, every text every transaction is being collected and stored in computers by the federal government. That is why I write this essay with a bit of trepidation as well as caution. I hope it will alarm you to the fact that over the past few years the NSA (National Security Agency) has been collecting massive amounts of information including cell phone call data without…

Words 814 - Pages 4

Dollree Mapp Case Study

prosecutions in state courts. Persuasive essay: In the case of Mapp vs. Ohio, Mapp deserved penalty from the law. The reason being is she was harboring pictures of illegal things she had done, a gun, paraphernalia and other items that were dangerous to herself and others. Such a dangerous person should not have rights that protect such illegal items. And the 4th amendment does not cover items that have already been confiscated. Under the 10th amendment states retain their right to run under a separate…

Words 537 - Pages 3