StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Fourth Amendment forbids only unreasonable searches and seizures - Essay Example

Cite this document
Summary
In this scenario, the search could be justified as a meaningful act to acquire adequate evidence to arrest the suspect. The officer had the…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER96.2% of users find it useful
Fourth Amendment forbids only unreasonable searches and seizures
Read Text Preview

Extract of sample "Fourth Amendment forbids only unreasonable searches and seizures"

A Law Scenario Did the consent to search the car ize opening the brown paper bag? Explain. Yes, the consent to search the car authorizes opening the brown paper bag so that there would be enough evidence to accuse the suspect. In this scenario, the search could be justified as a meaningful act to acquire adequate evidence to arrest the suspect. The officer had the right to search and open anything in the car since he probably believed that the suspect was transporting narcotics attributed by what he overheard from the public telephone that appeared as arrangements for drug transactions.

However, this does not give the police officer the power to arrest the suspect since there are no adequate justifications of the suspect transporting narcotics. Should the evidence be permitted for use against the defendant? The ultimate reason for the Officer searching the container in the car is to gather adequate evidence that prove the suspect illicit act. This stands out that, any evidence established would be worth to use against the defendant, and for further investigations of illegitimate act.

In this case, the fourth amendment regards that, when under such circumstances, it is objectively sound for the officer to consider that the scope of the suspect’s approval authorized him to open the container in the Automobile (Legal professionals, 2012). In fact, it would be reasonable for the suspect to permit the Officer to open the container despite being guilt of the offence. Thus, I must conclude that, the evidences should be permitted against the defendant, and arrested if found guilt after carrying out comprehensive investigations.

For instance, having seen a paper bag with cocaine clearly shows that the suspect appeared to be involved in a drug transaction. ReferenceLegal professionals. (2012). Cases and codes. Retrieved from: http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=500&invol=248

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Fourth Amendment forbids only unreasonable searches and seizures Essay”, n.d.)
Retrieved from https://studentshare.org/law/1591467-fourth-amendment-forbids-only-unreasonable-searches-and-seizures
(Fourth Amendment Forbids Only Unreasonable Searches and Seizures Essay)
https://studentshare.org/law/1591467-fourth-amendment-forbids-only-unreasonable-searches-and-seizures.
“Fourth Amendment Forbids Only Unreasonable Searches and Seizures Essay”, n.d. https://studentshare.org/law/1591467-fourth-amendment-forbids-only-unreasonable-searches-and-seizures.
  • Cited: 0 times

CHECK THESE SAMPLES OF Fourth Amendment forbids only unreasonable searches and seizures

Search and Seizure

The Fourth Amendment forbids law enforcement officials from carrying out ‘unreasonable searches and seizures.... According o the fourth amendment, a seizure must be reasonable (Ncwc.... The fourth amendment requires that stops be justified by reasonable suspicion, whereby there are specific aspects of the appearance, circumstances, and behavior of the suspect that make the police officer to come to the conclusion that there is need to stop the individual to investigate the incidence of an offense....
3 Pages (750 words) Admission/Application Essay

Role of Evidence in Civil and Criminal Cases

The court may admit the evidence of a victim's reputation only if the victim has placed it in controversy.... Subject: 23 March 2013 Evidence To what extent must the parties in civil and criminal cases disclose their evidence to the other side?... A main issue in the civil and procedural law in criminal cases is the extent to which either side has to create revelation for the other....
6 Pages (1500 words) Research Paper

Two models of the criminal process

he Fourth Amendment to the United States Constitution states that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated.... If the police violate a person's rights under the fourth amendment, there are various means that could be used to deal with the situation.... Individuals who believed they were victims of illegal searches/seizures could sue the police officers involved in a civil suit....
2 Pages (500 words) Essay

Exceptions to the Search Warrant Requirement

The Amendment guards against unreasonable searches and seizures, and was originally designed as a response to the controversial writs of assistance, which were a significant factor behind the American Revolution.... It protects citizens against unreasonable searches and seizures, provides that a search warrant may be issued only on oath or affirmation that a crime was probably committed.... It does not guarantee to people the right to be free from unreasonable searches and seizures conducted by private citizens or organizations....
10 Pages (2500 words) Essay

Does the Press Have Too Much or Too Little Freedom

Discussion: My position on the issue is that the press should be given complete freedom to function within its own framework of guidelines, and there should be restrictions only on careless or false reporting.... ), the results show that 47% of the public felt that the amount of freedom the press enjoyed was “about right”, 39% felt that the press had too much freedom, too little freedom was the verdict of only 10%, and the remaining 4% did not know.... 41) development and application of criminal justice technology for the purpose of individual liberty is possible only in communities that share and perpetuate democratic norms....
10 Pages (2500 words) Essay

Americans Constitutional Rights for Privacy

Critics have assailed it as a draconian Act as it augmented the mechanism of the intelligence agencies to initiate drastic steps against terrorism, offering them with unlimited power to record, keep eavesdropping of, and to supervise those involved in suspected planning and indulging in terrorist attacks in the US soil....
5 Pages (1250 words) Research Paper

The US Constitution, for the People or the Nation

The essay "The US Constitution, for the People of the Nation?... debates on whether the Constitution of the US was written for the people.... nbsp;… The U.... .... Constitution is the supreme law of the land and the guide for all criminal law processes within the judicial system.... nbsp; The Bill of Rights safeguards citizens against the abuse of governmental powers by imposing limits on the methods by which it can treat people accused of crimes against the state and provides for the equal treatment in the justice system....
7 Pages (1750 words) Essay

Exclusionary Rule and Its Role within Criminal Procedure

This paper "Exclusionary Rule and Its Role within Criminal Procedure" focuses on the fact that the “exclusionary rule” is a result of the fourth amendment in the constitution of the US.... The Exclusionary rule under the fourth amendment was actually the reaction against the English law for general warrants (U.... The amendment was made to protect the citizens from unfair and illegal searches by the government officials.... nbsp; … According to the rule, the evidence obtained through the search of a suspected criminal is excluded from his trail if the search of a criminal is unreasonable....
8 Pages (2000 words) Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us