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

The Fourteenth Amendment Analysis - Article Example

Cite this document
Summary
The main aim of this paper is to analyze such issues as reasonable suspicion, arrest warrants, and exigent circumstances using real court cases. The author states that on a legal standpoint, reasonable suspicion must depend on the content of information under the possession of police officers, and the level of its reliability…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER95.7% of users find it useful

Extract of sample "The Fourteenth Amendment Analysis"

Download file to see previous pages

The police took notice of the car, and when they confronted her, she conceded of having cocaine. The issue under contention is whether the anonymous tip amounted to reasonable suspicion. The court was of the opinion that such an act amounts to reasonable suspicion (Engdahl, 2009). The court was of the opinion that the basis of knowledge, reliability, and veracity are the main basis amounting to the definition of reasonable suspicion. The anonymous caller satisfied all these conditions. The stop and Frisk search occurs when a police officer encounters a suspicious person, and to prevent an occurrence of crime, they conduct a frisk search (Engdahl, 2009).

A stop amounts to temporary interference with the liberty of an individual. The police can implement this concept, only when they have grounds to be reasonably suspicious of a person. Probable cause is a higher of the belief that is supported by facts and can satisfy the threshold of prosecuting a person to a court of law (Engdahl, 2009). This concept is mostly used when a law enforcement agent applies for a search and an arrest warrant. The agent must prove a probable the existence of a probable cause.

The Fourth Amendment protects against unreasonable searches, and entry, but gives an exemption when there exists a probable cause to conduct the search.A valid arrest warrant must show probable cause. The Supreme Court in Carol vs. US, 1971 was of the opinion that information under the police custody providing a valid ground to believe that a crime is about to take place is an element of a probable cause (Engdahl, 2009).The warrant must describe the place and person to be searched. Warrants must provide details of the person under investigation, and the place under suspicion.

The address of the place and a vivid description of the suspected person is essential for purposes of the person from the crowd.The magistrate who issues the arrest warrant must be impartial. The magistrate must not be a member of the executive branch, as this contravenes this law.

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Fourteenth Amendment Analysis Article Example | Topics and Well Written Essays - 750 words”, n.d.)
The Fourteenth Amendment Analysis Article Example | Topics and Well Written Essays - 750 words. Retrieved from https://studentshare.org/law/1786291-fourth-amendment-and-reasonable-suspicion-probable-cause
(The Fourteenth Amendment Analysis Article Example | Topics and Well Written Essays - 750 Words)
The Fourteenth Amendment Analysis Article Example | Topics and Well Written Essays - 750 Words. https://studentshare.org/law/1786291-fourth-amendment-and-reasonable-suspicion-probable-cause.
“The Fourteenth Amendment Analysis Article Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/law/1786291-fourth-amendment-and-reasonable-suspicion-probable-cause.
  • Cited: 0 times

CHECK THESE SAMPLES OF The Fourteenth Amendment Analysis

IRAC Analysis on The Ranks

the fourteenth amendment states that the privileges of American Case Analysis Issue: The issue in this case is to analyze how there was a violation of the right to free speech and rights under the First Amendment,as a result of which Jeff and Nicole Rank were able to settle their suit for $80,000.... the fourteenth amendment states that the privileges of American citizens are not to be abridged by any law or by the State.... Moreover, there has also been a violation of their fourteenth amendment right because the State has curtailed their privilege to attend the rally with the right to free expression of their opinion through the message on their T-shirts....
2 Pages (500 words) Essay

Phase 3 Individual Project

From this analysis, the objective of this paper is to identify and explain the elements of the court system and the roles of various participants in the dispensation of justice.... This is because the 8th amendment of the constitution gives protection against cruel and unusual punishment, and the death penalty falls under cruel punishment… This paper explores the various processes that will be undertaken for successful prosecution of the case.... The 5th amendment protects people from illegal actions of the Federal government and the 14th amendment protects them from actions by the State and Local governments (Friedman, 1985)....
4 Pages (1000 words) Essay

Violation of Constitutional Rights

analysis Debbie political pressure did not interfere with her duties; according to the court the employer had no right to fire her.... Kerry Cowart fired her immediately, and the board denied her grievance, the political endorsement turned into a first amendment case....
1 Pages (250 words) Essay

Analysis of the Case about Separate Learning Institutions

This was against the fourteenth amendment Equal Protection Clause, which granted all the Americans legal safety regardless of their background.... Also, it was against the fourteenth amendment protection clause, since it did not give them fair legal security.... The other issue was whether this deprived the black Americans their legal security offered by fourteenth amendment Equal Protection Clause.... Case analysis The formation of different learning institutions for the white and the black children was unfair because the children could not have freedom to interact with their age mates (Orlik, 2010)....
2 Pages (500 words) Essay

On the Internet tax and whether Arizona should or should not repeal its law taxing online sales

constitution has two provisions from Supreme Court jurisprudence that define the enacting of nexus, which include Due Process Clause of the fourteenth amendment and the Commercial clause.... Under the courts fourteenth amendment due Process analysis, the buyer must be physically present as Commerce and Process Clauses need the amendment.... Supreme Court under the Due Process Clause offered a distinction between the nexus analysis and the dormant clause for congress....
2 Pages (500 words) Essay

The Intentional Use of Equipment

It has been noted that the intentional use of equipment that can be harmful to members of the public is unethical and it is likely to result in… It has also been observed that demonstrating in a legalized place is lawful since it constitutes the rights of human beings.... Therefore, it has been recommended that the organizing committee should allow Amnesty International to stage a On the other hand, it has been recommended that the committee should not offer the same green light to Greenpeace to conduct a protest at the shopping mall since this can lead to public disorder....
6 Pages (1500 words) Essay

The Supreme Court of Rhode Island

The Supreme Court of Rhode Island convicted Brian Burbine of 1st degree murder, reaffirmed the decision of jury, and rejected Brian's claim that as per Fifth Amendment and fourteenth amendment of the Constitution, his signed confessions in the form of waivers should be… This paper will use IRAC method for briefing the case. The issue highlighted in the case Moran v.... ntroduction The Supreme Court of Rhode Island convicted Brian Burbine of 1st degree murder, reaffirmed the decision of jury, and rejected Brian's claim that as per Fifth Amendment and fourteenth amendment of the Constitution, his signed confessions in the form of waivers should be suppressed....
2 Pages (500 words) Assignment

Schmerber v. California Case

According to the petitioner, his rights under the fourteenth amendment, Fourth Amendment, Fifth Amendment and Sixth Amendment were violated due to which, the evidence of his blood sample should be rejected.... California is violation of constitutional rights of the petitioner under fourteenth amendment, Fourth Amendment, Fifth Amendment and Sixth Amendment.... California is violation of constitutional rights of the petitioner under fourteenth amendment, Fourth Amendment, Fifth Amendment and Sixth Amendment....
1 Pages (250 words) Assignment
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