Arguments Against The 4th Amendment

Words: 380

Pages: 2

Open Document

The 4th amendment is about privacy and protection from search and seizure, and when search and seizure is permitted. Even with the protections and restrictions that the 4th amendment puts on searches being reasonable and for a probable cause, the majority of search and seizures are performed on young people of color. even when they make up less of the population, proving a clear racial bias by police officers. The fourth amendment supports search and seizure under probable cause and affirmation, but the protections it gives against unjust search and seizures are rarely followed, and are frequently based on unfair profiling.
Stop and frisk is supported by the constitution as long as it's s under a probable cause. Probable cause is any reason that a person might …show more content…
Since the majority of stop and frisks in brooklyn in 2012 were because of furtive movements, and the majority of people stopped and frisked were black, this shows that there is less reason going into searching black men and it takes very little for them to be suspected by the police. Even a slightly suspicious movement could get a black man stopped and frisked

In a video by the new york times, the person being interviewed said that he would be stopped 4-5 times a month, and not be told what he was being searched for or why they were searching him. This goes against the amendment’s statement that all searches must have a probable cause and affirmation of the probable cause. This also proves that the rules for search and search arnt full followed, and are often bent because of an officer's racial profile of a person.
The fourth amendment was made to protect against unjust search and seizures, but is frequently not followed fully when officers are so easily able to search based on racial profile. What needs to happen is a stronger enforcement of what probable cause and reasonable suspicion

Arguments Against The 4th Amendment

The Fourth Amendment of the United States Constitution states that is a natural right of man to be protected random searches and seizures, programmed by the government. It also implements the idea of the right to privacy, and involves the uses of warrants, a method used by the British known as “writs of assistance. Although the Fourth Amendment protects persons’ rights against unreasonable searches and seizures, it also protects their undisclosed right to privacy. The right to privacy is sprinkled…

Words 936 - Pages 4

Supreme Court Case: Mapp V. United States

based her argument on First Amendment grounds, arguing she had a right to possess the explicit material. When the case reached the Supreme Court, they did not address her First Amendment claim but nullified her conviction for another reason. The court said that the evidence used against Mapp should never have been admitted in trial because it was seized without a legitimate warrant which violated her Fourth amendment rights. The Court addressed concerns of Mapp’s 4th Amendment protection against “unreasonable…

Words 575 - Pages 3

Essay about Collection of DNA Without Consent

long it can be kept, and can it be used to match against other crimes within the scope of similar crimes. Without Consent Collection In 2009 the Supreme Court of the United States (SCOTUS) refused to hear the arguments of one Glenn Raynor who was convicted of rape and sentenced to 100 years after DNA collected from a chair he was sitting in was gathered without his consent and should of not been used against him as a violation of the 4th Amendment. The lower courts held that we expel DNA constantly…

Words 592 - 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

Ireland Vs Buie Case Study

Sebastian Morse, ADJU 101-91664 – Case: Maryland v. Buie 494 U.S. 325 (1990) Facts: On February 3rd, 1986, Edward Jerome Buie committed an armed robbery at a Godfather’s Pizza parlor in Prince George’s County, Maryland with a suspected accomplice, Llyod Allen. During the robbery, one of the suspects wore a red jogging suit; likely belonging to Buie. Further that day, police issued arrest warrants for both Buie and his accomplice. Buie’s home was also placed under police surveillance. On February…

Words 371 - Pages 2

David Jon Riley Case Study

registration tags. Due to his license being suspended. The police had the car impounded. Before a car is impounded, police are required to perform an inventory search to confirm that the vehicle has all its components at the time of seizure, to protect against liability claims in the future, and to discover hidden contraband. While search the vehicle, police located two guns and subsequently arrested Riley for possession of the firearms. Riley had his cell phone in his pocket when he was arrested, so a…

Words 945 - Pages 4

Exclusionary Rule Research Paper

papers to constitute an unreasonable search and seizure within the meaning of the Fourth Amendment.” — Justice Joseph P. Bradley The Exclusionary Rule is available to a Defendant in a criminal case as a remedy for illegal searches that violate the rights set forth in the Fourth Amendment. When applicable, the rule dictates that the evidence illegally obtained must be excluded as evidence under the Fourth Amendment. See Mapp v. Ohio, 367 U.S. 643. One important corollary to the Exclusionary Rule is…

Words 1292 - Pages 6

courts and funeral protesting Essay

Funeral Protestors Push the Limit of Free Speech In the video on the funeral protesting of fallen soldier by the church, the premier argument is as to whether or not their actions are no longer protected under the umbrella of the first amendment of the Constitution, and instead constitute an invasion of the privacy of the families who are trying to bury their fallen loved ones. Many local courts at state level have put forth many laws all but banning the action of funeral protests of fallen service…

Words 1091 - Pages 5

Powerpoint for perry Essay

Selective Incorporation and Due Process Clause Cases Adriana Hernandez Jackie Martinez BARRON V. BALTIMORE Argued: February 11, 1833 Decided: February 16, 1833 Issue Whether the guarantee in the 5th amendment that private property shall not be taken “for public use, without just compensation”, is applicable to state governments as well as the federal governments. Background John Barron was the owner of a large and highly profitable wharf of the harbor in Baltimore. His wharf was a popular…

Words 1603 - Pages 7

Fourth Amendment to the United States Constitution and Anonymous Tip Essay

them finding 30lbs of marijuana. The officers arrested the driver, petitioner Lorenzo Navarette, and the passenger, petitioner Jose Prado Navarette. The petitioners moved to suppress the evidence, arguing that the traffic stop violated their 4th amendment because the officer lacked reasonable suspicion of criminal activity. Both the magistrate in the suppression hearing and the Superior Court disagreed. The petitioners pleaded guilty. On appeal, the California Court of Appeals affirmed the lower…

Words 1488 - Pages 6