I decided to research the Fourth Amendment for my project.
This amendment was my
choice because it addresses a hotly debated topic and I think it directly affects police practices.
"The Fourth Amendment of the Constitution safeguards citizens from arbitrary government
searches and seizures. However, only those searches and seizures that are ruled legally
unjustified are protected by the Fourth Amendment (US Courts, n.d.). No one shall violate the
people's right to be secure in their homes, papers, and belongings against arbitrary searches and
seizures, and no warrants shall be issued except upon probable cause that is established by oath
or affirmation and that specifically describes the location to be searched as well as the people or
things to be seized. Findlaw (2002).
Understanding this amendment is crucial for anybody working in the legal field, which
includes not just courts and attorneys but also police and prisons. The police's ability to
distinguish between unreasonable and reasonable behavior is one example. You were stopped
during a traffic stop for speeding. A search of your car is not justified just because you were
stopped for speeding, or does it? Were you breaching the law by traveling a few miles above the
speed limit, in which case you were polite and composed when the policeman questioned you, or
were you traveling 25 miles per hour over the limit and acting tensely when you were stopped, as
if you were attempting to flee or something? A judgment call can be so fair that the officer may
subsequently have to account for it. However, if you were stopped for speeding and the police
noticed signs of a different offense, such an illicit drug in plain sight, it could suddenly be
acceptable to search your car. Additionally, if a weapon is discovered when the officer is lawfully
searching your car for illicit drugs, this might lead to extra charges and is justifiable.
An essential part of a law enforcement officer's everyday duties is understanding the law and the rights
of citizens. Understanding the legal procedure, when a warrant is required, and
how to get a warrant. In order to get a warrant, you must, first and foremost, have reasonable
cause. The warrant must next specify what is being sought for as well as potential locations for
the object. According to the video, they cannot search your kitchen or dig through your drawers
and cabinets if the warrant is to search your garage for a stolen automobile. Now, a search does
not necessarily require a warrant from the police.
The courts have ruled that "reasonable" searches by the police can sometimes be
conducted without a warrant. So long as it's reasonable, the police can search you if they have a
good reason to. That is the crucial factor that establishes whether something is reasonable, and
courts have had trouble figuring it out.
References
United States Courts, What Does the Fourth Amendment Mean? Retrieved from
[Link]
activity-resources/what-does-0
FindLaw, The Fourth Amendment - Unreasonable Search and Seizure, Retrieved from
[Link]