Search and Seizure
The constitution has been the back bone of the United States legal system since it was first written and signed by our founding fathers. This document has been the topic of many heat debates and has gone through many changes and interpretations throughout the years. The forth amendment of the constitution is one of the most debated amendments. This is the amendment that covers the area of search and seizure as well as privacy. The fourth amendment states, "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." With this being written many people have had to interpret this on different levels since it was first written, especially police officers. In its most basic explanation the forth amendment limits the power of the police to make arrests, search people and their property, and seize objects and contraband.
The fourth amendment's intended duty is to protect against unreasonable searches and seizures. This amendment demands that searches made by the government be reasonable. It also states that warrants must be supported by probable cause and specifically state who is being arrested or exactly what is being searched for and eventually seized. Yet this does not mean that a search can not be performed without a warrant. If a police officer believes a crime has been or is being committed with probable cause a warrantless search may be conducted. Another important part to the fourth amendment is the exclusionary rule. This rule makes it clear that any evidence seized during an illegal search or violation of the fourth amendment not admissible during a criminal trial. The main goal of this rule was to deter police officers from violating suspects' constitutional rights.
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The fourth amendment's intended duty is to protect against unreasonable searches and seizures. This amendment demands that searches made by the government be reasonable. It also states that warrants must be supported by probable cause and specifically state who is being arrested or exactly what is being searched for and eventually seized. Yet this does not mean that a search can not be performed without a warrant. If a police officer believes a crime has been or is being committed with probable cause a warrantless search may be conducted. Another important part to the fourth amendment is the exclusionary rule. This rule makes it clear that any evidence seized during an illegal search or violation of the fourth amendment not admissible during a criminal trial. The main goal of this rule was to deter police officers from violating suspects' constitutional rights.
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