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#6 - Coursework Example

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Constitution was originally drafted, the Fourth Amendment itself applied to only federal government, but now it is equally applied to state government by the Fourteenth Amendment” (Harr, Hess, and Orthmann199). The Constitution was put in place to regulate…
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Download file to see previous pages... This ensures that citizens can go about their daily lives without fear of unreasonable intrusion by the government. Unreasonable search and seizure are both infringement on the rights of individuals to privacy and freedom. Search means the “examination of a person, place or vehicle for contraband or evidence of a crime” (Harr, Hess, and Orthmann 195-6). Seizure, on the other hand, means “the taking by law enforcement or other government agent of contraband, evidence of a crime or even a person into custody” (Harr, Hess, and Orthmann 195-6).
=> A stop is one of the ways “to balance the rights of an individual and the governments need for tools to carry out its jobof protecting society from lawbreakers” (Harr, Hess, and Orthmann 212). It is “a brief detention of a person based on specific and articulable facts for the purpose of investigating suspicious activity” (Harr, Hess, and Orthmann 212). However, a stop should be "[due to a] reasonable suspicion [and not merely a] reasonable belief” (Harr, Hess, and Orthmann 212). The difference of a stop from an arrest is that in an arrest, “the person is not free to go” (Harr, Hess, and Orthmann 212). In an arrest, the Miranda warning is necessary, while in a stop, no such warning is needed. This is because a stop is not a detention and the person is usually free to go after a short time. One good example of a stop is when a driver is stopped because of a simple traffic violation. No Miranda warning is needed, and usually, the driver is free to go after a few minutes (Harr, Hess, and Orthmann 212). An arrest, however, is a more complex process. For example, a person is stopped or frisked and the police officer finds a probable cause for an arrest (i.e. drugs found in pockets), then the Miranda warning is delivered and an arrest ensues.
=> “A frisk is a limited pat-down search for weapons for the protection ...Download file to see next pagesRead More
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