Explain the role of the Fourteenth Amendment's due process clause regarding confessions - Essay Example

Role of the Fourth Amendment al Affiliation) The Fourth Amendment to the American constitution safeguards persons, paper,houses, and effects from unreasonable seizures and searches. It is essential to define these terminologies since it will facilitate the easy understanding of the role of the fourth amendment. A person refers to the physical aspect of a person, both internally and externally. In the past, the Fourth amendment only applied to the searches and seizures of tangible items. It never applied in oral communications but currently it has been incorporated.

Therefore, the term person not only refers to the internal and external aspects of an individual but also their oral communication. A house refers to any structure that an individual’s uses as their residence. It may on a long-term basis such as a residential home or on a short-term basis such as a hotel. Other structures that are connected to a house such as a garage and a store also fall under this category in the Fourth Amendment but an open field that surrounds the house is out of this scope.

Papers refer to an individual’s personal documents such as business records, diaries, letters, and certificates. On the other hand, effects refer to the other items that are not persons, houses, or papers. This may include weapons, contraband goods, clothing, and luggage. Almost all items fall under the Fourth Amendment but what is essential is the determination of whether their search or seizure is reasonable. In analyzing the role of the Fourth Amendment, it is critical to determine the police activities that trigger the protection of the Fourth Amendment.

It is also essential to justify the reasons behind the police officers engaging in these activities. A search is referred to as an activity that is conducted with the intention of finding evidence to be used for criminal prosecution. When conducting a search, there should be concern whether the search is a product of a government action. There should also be concerns whether it violates the reasonable expectation of a person’s right to privacy. The term seizure usually refers to the keeping of custody of a property to be used as evidence in a criminal procedure.

It commonly occurs because of a search. The Fourth Amendment focuses on the reasonableness of the search and seizures. It determines if the police were working along with its requirements. According to the Fourth Amendment, not every action of looking for evidence is referred to as a search. A search depends on who is looking for the evidence as well as where it occurs. Therefore, a search entails looking of evidence while maintaining privacy and involving a government official. This amendment only protects searches conducted by government action.

This implies that when police officers look for evidence in an open field, they have not conducted a search. The fourth amendment also does not protect against the search and seizure of items by a private individual. The interpretation of the Fourth Amendment by the Supreme Court leads to two fundamental questions. First, it asks who a government actor is. Second, it asks if a private person who is acting on the interests of the government is considered as a government actor. Government officials refer to the people given actual authority by the government to conduct searches and seizures such as police officers and fire inspectors.

An individual acting under the interests of the government in conducting searches is also considered as a government official (Thomas J., 2014).ReferenceThomas J., G. (2014). Criminal Procedure: From First Contact to Appeal (5th Ed.). Prentice Hall.