Criminal Law: The Fourth Amendment

Words: 260

Pages: 2

The Fourth Amendment is the most essential constitutional established in the criminal law. The six major exceptions to the warrant requirement consist of search incident to lawful arrest, plain view exception, consent, stop and risk, automobile exception, and emergencies/hot pursuit. “Searches, seizures, and arrests are important aspects of law enforcement. They involve significant invasions of individual liberties, limits on their use can be found in the constitutions, statutes, and other laws of the states and federal government.” (Hall, p.834, 2015). People are obligated to their rights and property, therefore, warrants should be issued with probable cause. When a defendant's Fourth Amendment has been violated by the government. The person

Show More

Constitutional Policing

Policing Our text states “The criminal justice system is bound by laws that criminal justice actors must follow. This body of law is known as procedural law. If criminal justice actors violate procedural laws, criminal cases can be "tossed out," and if the violation is serious enough, the criminal justice professional can be held legally responsible.” (Wright, 2012). However, there are many cases that have been in court and many arguments have been fought considering if the law was followed legally and…

Words 1361 - Pages 6

Essay about Criminal Procedure

Criminal Policy Amy Pandiscio CJA/364 Tuesday, May 26th. 2015 Jason Huskey Criminal Policy The Fourth, Fifth, and Sixth amendment guarantee many rights to the people of the United States. This paper will explain the key elements that are secured by these amendments. It will also discussed how these policies have impacted criminal procedures are excercised by courts and police officers. Critical elements needed to meet the end state of this paper are the fourteenth amendment and the Bill of rights…

Words 1402 - Pages 6

Criminal Policy Research Paper

Criminal Policy Paper Carolyn Waddell Not long ago, in the country of England, their personal liberties of the English people were constantly being abused in the judicial systems established there. The people of England found that these violations were not fair and could not do anything about it, at that time. The abuse of , the personal liberties of the English people continued with the migration to the “New World”, now known as the United States of America, then…

Words 2225 - Pages 9

Fourth Amendment Exceptions

The Fourth Amendment "right of the people is to be secure in their persons, house, papers and effects against unreasonable searches and seizures" (Ferdico, Fradella and Totten 2009, 20)., however there are some exceptions to the search warrant requirement. "Exigent circumstances is a serious situation developing suddenly and unexpectedly that demand immediate action rather than conformity with the usual requirements of law" ( Ferdico, Fradella and Totten, 2009, 609). The Supreme Court has concluded…

Words 1119 - Pages 5

Questions On Civil Law

Chapter 10 Issue Civil Law Criminal Law Party who brings suit The person who suffered harm The state Wrongful Act Causing harm to a person or to a person’s property Violating a statute that prohibits some type of activity Burden of Proof Preponderance of the evidence Beyond a reasonable doubt Verdict Three-Fourths Majority (typically) Unanimous (almost Always) Remedy Damages to compensate for the harm or a decree to achieve an equitable result Punishment (fine, imprisonment, or death).…

Words 513 - Pages 3

Criminal Procedure Policy Paper

Criminal Procedure Policy Kristen Torres CJA/353 June 14, 2010 Kathleen H. Mooneyhan “Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Zalman, 2008, p. 4). The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments are significant in studying criminal procedure. In criminal justice, the criminal procedure…

Words 1453 - Pages 6

Blank: Fourth Amendment to the United States Constitution and Probable Cause Essays

The Fourth Amendment has been held to mean that generally a warrant must be judicially sanctioned for a search or an arrest. In order for such a warrant to be considered reasonable, it must be supported by probable cause and be limited in scope according to specific information supplied by a person (usually a law enforcement officer) who has sworn by it and is therefore accountable to the issuing court. However, a dissenting school of thought often found in the opinions of Justice Antonin Scalia is…

Words 316 - Pages 2

NSA Spying Pros And Cons

emails of thousands of citizens inside the United States. The program eventually included internal controls, but no requirement that warrants be obtained from the Foreign Intelligence Surveillance Court as the fourth amendment to the Constitution and the foreign intelligence surveillance laws require. No independent review or judicial oversight that kind of surveillance is illegal. After the abuse of power became public, President Bush admitted that he had authorized it, but argued that…

Words 653 - Pages 3

Mapp V. Ohio Summary

Case Brief Mapp v. Ohio, 367 U.S. 643 (1961) Facts: In response to a reported presence of a potential bombing suspect that was thought to be living in Dollree Mapp’s residence, Ohio law enforcement officials forcibly entered Mapp’s home without consent. The police officials initially requested to enter her house to search for the bombing suspect, equipment, and gambling equipment. Upon learning about it, Mapp consulted her lawyer about it. Mapp declined the request of the police officers without…

Words 541 - Pages 3

Informative Essay: The Fourth Amendment

“The Fourth Amendment wasn't written for people with nothing to hide any more than the First Amendment was written for people with nothing to say.” The Fourth Amendment was written to ensure the privacy the U.S. citizens are entitled to. Without this amendment, the government would have too much power over people’s personal belongings and information. This protects the right to people’s privacy; and it prevents prevents unreasonable search and seizures. When this country first formed, the Constitution…

Words 1190 - Pages 5