The Fourth Amendment In Criminal Procedure

1987 words - 8 pages

The Fourth Amendment to the United States Constitution was first introduced in 1789 by James Maddison, and was a part of the Bill of Rights which includes the first ten amendments. The Fourth Amendment was created and ultimately it was created to protect two things the right to privacy and the freedom against unlawful invasions. The exact wording of the Fourth Amendment is “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 person or things to be seized.”(“Fourth Amendment”). Now after reading that some people may think they are completely safe from all types of searches and seizures, but they would be wrong. The Fourth Amendment is not a total protection against all searches and seizures against all searches and seizures; if it is declared under law a person can be searched or seized. (“What does the Fourth Amendment Mean?”). There are some specific things that are governed by the Fourth Amendment that deal specifically with criminal procedure such as arrests with warrants, searches with warrants, arrests without warrants, searches without warrants, seizure of evidence, and different types of stops and seizures (Criminal Procedure). All of this might seem confusing to the average American when just reading it casually and it sometimes can be for a person such as a police officer who is supposed to be fully educated on all these things and more. Almost all United States citizens know their First Amendment rights such as free speech and jury trial, but the Fourth Amendment always seems to go unnoticed in the eyes of an average citizen and this becomes a problem because anyone at any time could come into a situation where if they had a better understanding of the Fourth Amendment (What Is the Essential Fourth Amendment?). An example could be getting pulled over on your way home from work and an officer asking you if he can search your car, and most citizens would feel almost obligated to but if they knew the Fourth Amendment better they would know that, that officer needs some type of probable cause and can say no and nothing would happen to them. In my paper to follow I intend to better educate and provide examples and different situations dealing with the Fourth Amendment in criminal procedures.
A case that took place back in 2001 in Florida is a good example of use of the Fourth Amendment in a court case. On a night in July in Florida Anthony Frierson was in his vehicle waiting to turn at a left turn. When the light turned green Frierson made his turn without using his signal and was pulled over by Officer Steven Miller. An important fact to note is that it not illegal to make a turn without your signal in Florida. After Officer Miller pulled Frierson over he obtained Frierson’s driver’s license, and...

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