This website uses cookies to ensure you have the best experience. Learn more

Legal Police Searches Essay

606 words - 2 pages


The laws of the United States can be hard to understand sometimes. The Fourth Amendment states that people have a right not to be searched without a reasonable warrant and that people have a right to feel secure in their homes. There are acts giving police permission to do what ever they need to to keep drunks off the streets. There are also rules and regulations, kind of like a sports game, and, just like games, there are always ways to get around these rules. Like finding it legal to randomly stop cars to give people breathalyzer tests, or entering people's homes and searching for things without a warrant. Unlike a game however, the results of going around these rules can sometimes be devastating. Police may ruin a home trying to find drugs or some other illegal thing. Where do we draw the line? What does the Constitution allow us to do? In today's world, 25,000 people per year die because of alcohol. One of those people happened to be a son of Marion Stokes. After that incident, Marion Stokes created MADD, or Mothers Against Drunk Driving. She is strongly against driving under the influence and believes it is an excellent idea to randomly stop cars to administer breathalyzer tests. The question still remains, does randomly stopping cars brake the laws of the Constitution? Should we let this happen? The Fourth Amendment does protect people from being violated without a warrant. However, the Primary Act gives permission to the police to do what they need to get more drunk drivers off the streets. Most people would agree that randomly stopping cars to test for drunk drivers falls in that category. For that reason, I believe police should have the right to stop cars for the testing. I don't...

Find Another Essay On Legal Police Searches

Case Study: The Exclusionary Rule

1686 words - 7 pages limit or prevent police misconduct, illegal searches, and illegal seizures. It allows for evidence that is seized in violation of the U.S. Constitution to be suppressed and cannot be used in court against a defendant. The exclusionary rule is the understanding, based on U.S. Supreme Court precedent, that "incriminating information must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a

Mapp Vs. Ohio Essay

1739 words - 7 pages before; such as freedom of expression being limited in time of war, and our right to bear arms is being significantly abridged with each New Year. Therefore, we can be flexible to a point in our legal system to help police matters. If Mapp vs. Ohio were to be overturned, then it would take the full cooperation of the police force. What the police did in this case was completely out of line and not professional. Being locked up as a prisoner, while

Searching in Schools

1741 words - 7 pages all students. Most legal authorities state that the validity of locker searches is dependent on the students' reasonable expectations of privacy, which can be affected by school policies appointing the lockers as student or school property, and student notification that the school will conduct periodic searches for contraband or will retain a master key to the locker for spot checks. The theory posits that unless school districts have written and

Analyze the rationale and purpose of the exclusionary rule

868 words - 3 pages right is guarded. The Exclusionary Rule is intended to refrain the police from misconduct. The 4th amendment right protects every citizen from illegal searches and arrests. When the police violates this 4 amendment right, the evidence they have collected will be avoided in the federal court. There are three fundamentals of the exclusionary rule. Foremost, an illegal action by an officer of police or an agent of police. Subsequently, evidence of this

Justice Systems and Citizens Security

1767 words - 8 pages , High Wycombe. The police arrested the accused pursuant to warrant in the driveway, a few yards from his front door. The residence in which the accused occupied was then searched and items deemed evidence by the Metropolitan police were seized. Mr. Rottman subsequently sought legal action against the Commissioner of Police of the Metropolis on the grounds that the entry and search which took place was an infringement on his rights under Article 8

History of Policing

1756 words - 7 pages of central power. Officers then began taking bribes. Police officers were often getting hired not because they was the best fit for the job or had a lot of knowledge of the job but they were hired because they had ties to the different political parties. Police Officers often began to enforce laws for political parties than for the other legal system. If the police officer didn’t do favors for political parties then they were fired from being a

Revisiting Regulation Changing Cases

1264 words - 5 pages Amendment rights. Before these three lawsuits were tried by the courts, materials seized without a search warrant could be admissible in court. The police felt that a warrant was not necessary for a conviction and the courts found ways to twist the laws in their favor. The Fourth Amendment gives Americans the right to be secure in homes and properties as follows: The right of the people to be secure in their persons, houses, papers, and effects

Analysis of Provisions Related to Police Powers

6186 words - 25 pages legislation it becomes clear that most of the powers given to the police in relation to arrest, search, seizure, and detention incorporate ones ‘reasonable suspicion’. The Royal Commission (1981) states that; ‘There must be safeguards to protect members of the public from random, arbitrary and discriminatory searches. Clarification of powers will help but the principle of safeguard must be found in the requirement for

It's Time To Put an End To Police Brutality

1536 words - 7 pages Police Brutality is a worldwide thing that is getting worse by the day.Men and women around the world are being abused by Police Officers. I mean just because they wear a badge, why should they be able to bully us? Many wrong convictions have been made by some type of police brutality.Police misconduct is illegal and a violation to people’s individual rights.Officers could be arrested for the misconduct and abuse they are bringing upon

Criminal Justice and Leading U.S. Supreme Court Cases, Annotated Bibliography

1143 words - 5 pages doctrine, emergency searchers of property and emergency entry, anticipatory warrants, fleeing-targets exception, and suspicion-less searches. All of these situations allow the police to obtain evidence that will not be thrown out under the exclusionary rule (Grant & Terry 2008) Arguments and Conclusion The Constitution does not implicitly or clearly mention the exclusionary rule, and as a result some argue the Constitutionality of the rule

Mapp V. Ohio

789 words - 4 pages Rule of Law. All evidence discovered as a result of a search and seizure conducted in violation of the Fourth Amendment of the United States Constitution (”Constitution”) shall be inadmissible in State court proceedings. ARGUMENTS SET FORTH BY THE PETITIONER The police did not possess a legal warrant for the search of Miss Mapp’s residence and did not properly conduct the search of her property. All evidence found during will not be admissible in

Similar Essays

Comment On The Statement That The Police (Uk) Can Abuse Their Powers Even Now?

1132 words - 5 pages A, under section 66 of PACE. Despite these rules, more Black and Asian youths are stopped than other groups, even though they do not commit more crime. Approximately half of blacks and Asians say they believe the police in Britain are racist, according to a survey commissioned by BBC News Online. The opinion in the survey reinforces the fact that people from ethnic minorities believe that the UK's legal system discriminates against them

Police Officers Overstep Their Rights When Searching People

3841 words - 15 pages the Legal Aid Society expressed his concern that the ruling wrongly introduced the element of guilt by association (Carelli 1). Another way police violate people?s rights is by bringing television camera crew or journalists into homes during arrests or searches. The issue came about in two separate cases of Hanlon v. Berger and Wilson v. Layne. The U.S. Supreme court ruled ?that it is a violation of the Fourth Amendment right to residential

Mapp V. Ohio And The Fourth Amendment

918 words - 4 pages , and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments

Is That The Smell Of Evidence Being Destroyed?

982 words - 4 pages balancing the need of a warrantless search against the intrusion a search creates concerning the Fourth Amendment. The Fourth Amendment reads in part, “The right of the people to be secure in their persons, houses…against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause…” (U.S. Constitution.net, n.d.). The Fourth Amendments requirement of probable cause maintains that a police officer