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Chapter Problems - Assignment Example

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Chapter problems Name: Institution: 1. Today many security personnel are “private police,” yet Fourth Amendment protection has been extended only to those searches conducted by government officials. What arguments can be made for and against expanding the prohibitions of the Fourth Amendment to include security personnel?…
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Download file to see previous pages The fourth Amendment to the U.S.A, states that human rights should not be violated from acts pertaining to unreasonable search and seizures (Scheb, 2011). The supreme court of the United States describes the security personnel as uniformed and armed private actors. In addition, if the security personnel are to be included in the Fourth Amendment protection, then they should be ready to serve the citizens just like the normal government officials (Cunningham & Taylor, 1984). This will ensure that crime and violence is curbed in all the states that have been experiencing increased crime rates. 6. What is the rationale for excluding from trial evidence obtained in violation of the Fourth Amendment? Is this a compelling justification for the exclusion of criminal evidence from the trial of a defendant accused of a serious felony such as aggravated battery? The main reason that is behind the exclusion from trial evidence obtained in the fourth Amendment may be due to the security officers (Hougan, 1978). It has been noted that the security officers are under estimated in their services. This is due to the fact that they are excluded from the Fourth Amendment protection. ...
Since most of these guards are employed by the city government then they are required by the court to comply with the constitutional requirements. The court also proposes that instead of the private police arresting people for crimes committed, they should equip them with the Miranda laws (Cunningham & Taylor, 1984). 8. The Supreme Court has created a “good-faith” exception to the exclusionary rule where police rely on a search warrant that is later held to be invalid because the magistrate erred in finding probable cause for a search. Should the good-faith exception be extended to cases where police acting in good faith conduct warrantless searches that are later held to be unlawful? In the Fourth Amendment law, the term “good faith” is used to refer to the reasonableness state of a police officer in the belief of the existence of a warrant that is in fact invalid (Hougan, 1978). In a criminal prosecution, there is no exception to the Fourth Amendment requirement that all seizures and searches are reasonable in line with the good faith exception. Moreover, when the police violate this Amendment, the evidence is inadmissible to the victim of the search or seizure. Therefore, the only instance where a good faith is necessary is when police rely on a warrant in case of a search or a seizure (Feinman, 2010). When an officer performs a search based on his/ her own facts, and not one the basis of a warrant, then it is hard to claim that the police officer committed an unreasonable mistake. However, if a warrant or any other official authorization of search is required, then the police officer can be reported to have violated an individual’s Fourth Amendment ...Download file to see next pagesRead More
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