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Fourth Amendment Essay

1206 words - 5 pages

In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.
The amendment that raises my own eye is the Search and ...view middle of the document...

The second clause, usually called the "warrant clause," places a set of limits on the issuance of search or arrest warrants.
My understanding of the Fourth Amendment, four important criteria must be meet for a reasonable search. The first, if a police officer can demonstrate probable cause and obtain a warrant for the search, the search is reasonable. Secondly, some searches without a warrant are reasonable if significant circumstances are present, such as an object is in plain view, or regulatory agencies conduct the search. Thirdly, with reasonable suspicion, police can question individuals without arresting them. Lastly, some government officials may conduct random searches to prevent some particular harm. If a search warrant is needed, the following circumstances are required. Probable cause must be present. Additionally, the official seeking the warrant must swear the information provided for the warrant is true and specify where the search will be conducted. Lastly, the warrant must state what officials are looking for in their search. There have been a few cases that the rights of search and seizures have been violated. Two cases include the cases of “Mapp vs. Ohio” and the case of “Minnesota vs. Dickerson.”
The case of “Mapp vs. Ohio”, police used force entry into Mapp’s home without a warrant. After a tip, officers came to Ms. Mapp’s house where supposedly a bombing suspect was hiding. When the officers arrived at Ms. Mapp’s house, they asked for entry to the house. Advised by her lawyer, Ms. Mapp deny entry to her home without a search warrant. While police were waiting to attain a search warrant, another officer arrived at the residents of Ms. Mapp. The officer showed Mapp a piece of paper but refuse to let her read it. Ms. Mapp grabbed the paper and placed it into her blouse. The officer retrieved the paper, handcuffed her to her own bed and proceeded to search her house. During the search, officers found the suspect, an unloaded gun, some policy paraphernalia, and obscene materials. Ms. Mapp was arrested for possession of obscene materials, which is a felony. This case started as a case for the First Amendment rights. Yet, as the case proceeded, it became a case of the Fourteenth Amendment, due process of law and equal rights. However, the final outcome from the Supreme Court stated that evidence obtain without a warrant could not be admitted at criminal proceedings. Since Cleveland officers collected evidence without a warrant, Ms. Mapp was found not guilty.
With the case of “Minnesota vs. Dickerson,” a Mr. Dickerson thought that stop and frisk was against his fourth...

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