Cja 364 Search And Failure Research Paper
CJA 364 Criminal Procedure
Search and Seizure
The Fourth Amendment was set in place to protect society from unlawful police work. When it comes to apprehending criminals and ensuring their conviction, evidence needs to be gathered before hand. To do so, there is a lengthy process to be followed; the search and seizure method, the arrest, reasonableness, and right of privacy methods. However, there are laws that can protect officers in the line of duty or make accommodations to police work while in the line of duty. One law that helps protect police officers during the line of duty is the “stop and frisk.” However, for an arrest to take place there must be probable cause in that it must be more than likely than not that a violation of the law has been committed and the individual arrested committed the …show more content…
According to Younger (1967), "In the absence of stop and frisk, an officer would need to make an arrest or let the suspect go if the suspect was not cooperating." For example, a black male in a 1964 Mustang fit the description from a liquor store robbery. The officer on patrol saw a black male driving an older Mustang several miles away from the liquor store. When the officer pulls over the man in the Mustang, he tells the driver that he and the car fits a description from a liquor store robbery that just happened. The registration of the car checked out but the officer needed time to confirm if the suspect is the liquor store robber. Because a black man driving a 1964 Mustang is not suspicious, the officer has no probable cause to search the car. The man in the Mustang becomes aggravated because he is held up by the police and tells the officer, "Arrest me, or let me go. Without the stop and frisk procedure, the officer would have to take the chance and arrest an innocent person, or take the chance of letting the liquor store robber
Search and Seizure
The Fourth Amendment was set in place to protect society from unlawful police work. When it comes to apprehending criminals and ensuring their conviction, evidence needs to be gathered before hand. To do so, there is a lengthy process to be followed; the search and seizure method, the arrest, reasonableness, and right of privacy methods. However, there are laws that can protect officers in the line of duty or make accommodations to police work while in the line of duty. One law that helps protect police officers during the line of duty is the “stop and frisk.” However, for an arrest to take place there must be probable cause in that it must be more than likely than not that a violation of the law has been committed and the individual arrested committed the …show more content…
According to Younger (1967), "In the absence of stop and frisk, an officer would need to make an arrest or let the suspect go if the suspect was not cooperating." For example, a black male in a 1964 Mustang fit the description from a liquor store robbery. The officer on patrol saw a black male driving an older Mustang several miles away from the liquor store. When the officer pulls over the man in the Mustang, he tells the driver that he and the car fits a description from a liquor store robbery that just happened. The registration of the car checked out but the officer needed time to confirm if the suspect is the liquor store robber. Because a black man driving a 1964 Mustang is not suspicious, the officer has no probable cause to search the car. The man in the Mustang becomes aggravated because he is held up by the police and tells the officer, "Arrest me, or let me go. Without the stop and frisk procedure, the officer would have to take the chance and arrest an innocent person, or take the chance of letting the liquor store robber