Fourth Amendment Violations
4th Amendment Violations
Fourth Amendment Violations and Recourse
The Fourth Amendment to the Constitution of the United States provides for "the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures…," but says nothing about what a court should do if those rights are violated. ("U.S. Constitution: Amendment 4") The Supreme Court of the United States has developed what is known as the "Exclusionary Rule," which bars any evidence obtained through an unconstitutional search from trial against the defendant. But his is not the only recourse for those who have been the victims of unconstitutional searches and seizures. The court has also decided that in certain cases, the victims may sue the authorities for damages in civil court.
It was in 1961, during the case of Mapp v. Ohio where the Supreme Court set...
Police Misconduct Case Study The district attorney declines to press charges and both juveniles are released. They flee the jurisdiction and are never found. Your partner is brought before a police investigation Board and suspended from the Department after 20 years service. Justification for Answer Choice #1 The District Attorney (DA) had no choice but to drop the charges and release the suspects because my partners actions apparently violated one of the most
4th Amendment's evolution and history, together with the "search and seizure" law. 4th Amendment Background People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be breached, nor shall any warrants be issued, but in case of probable cause, which is supported by affirmation or oath, and describes, particularly, the place that must be searched, or the things or individuals that should
Hostage Negotiation The 4th, 5th, and 6th amendments have had serious impacts on modern hostage negotiations and will be examined in this paper. Elements that are to be considered include promise making, incriminating statements, as well as the planting of listening devices. Graham vs. Connor, State vs. Sands, and Taylor vs. Watters, among others, are some of the court cases that will be used in this discussion. Again, the impact of
How the Black Lives Matter Movement Changed the Law Enforcement Landscape Abstract Today, the United States faces multiple existential threats from a global Covid-19 pandemic and the concomitant economic downturn as well as rising racial tensions following the murder of an African American man, George Floyd, on May 25, 2020 by officers with the Minneapolis police department. This event, taking place amidst a once-in-a-century global pandemic with many Americans already nerve-wracked, served
Discuss with your peers the issue of whether the protection of the 4th Amendment against unreasonable searches and seizures has been seriously eroded by all these exceptions? Explain, in detail, why or why not? (1) Search Incident to Lawful Arrest permits police to search persons who are lawfully arrested. This is a practical exception that does not seriously erode 4th Amendment protections, mainly because it does not interfere with the
Discretionary Situations for a Police Chief Discretion in the Police Department Discretionary Situations in Criminal Arrests: "Stop" and "Frisk," Racial Profiling The expectation is that public administrators apply a balancing act in the decision making process. Focus for this study is on law enforcement administrators, especially police chiefs, on their responses to their officers' discretion to criminal arrests. The argument put forth is that police discretion is limited by managerial and information technology
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