Nobody downloaded yet

The Fourteenth Amendment Analysis - Article Example

Comments (0) Cite this document
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 paperFile format: .doc, available for editing
GRAB THE BEST PAPER97% 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 pagesRead More
Cite this document
  • APA
  • MLA
(“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
(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.
“The Fourteenth Amendment Analysis Article Example | Topics and Well Written Essays - 750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Fourteenth Amendment Analysis

Fourth Amendment the police” (Levy 1995, p.164) In the case of Wolf v. Colorado, the Supreme Court recognized that “fourth amendment rights are basic to a free society and are therefore, implicit in the concept of ordered liberty.” (Article 1, § 7 of the Tennessee Constitution) It is thus evident that the fourth amendment is also enforceable against the states through the due process clause of the fourteenth amendment that also secures the rights of an individual to be free from unreasonable search and seizure. The are various interpretations of the clauses contained in the fourth amendment, but’ reasonableness’ tends to be the defining factor in the legitimacy of a...
4 Pages(1000 words)Research Paper

The Power of the Fourteenth Amendment

...? The Power of the Fourteenth Amendment al affiliation: The Power of the Fourteenth Amendment Introduction The fourteenth amendment of the constitution of the United States was adopted in 1868. This amendment was adopted as one of the reconstructive amendment. The reconstructive amendments denied the state the right to deprive any individual of their liberty, life or even property without following the legal process. It also prohibited the states from denying equal protection for any individual within its jurisdiction. The fourteenth amendment granted...
8 Pages(2000 words)Research Paper

The Right of Due Process Guaranteed by the Fifth and Fourteenth Amendment to the US Constitution surrender their driver’s license if they do not agree to take a breath-analysis test. The appellee Montrym considered this to be unconstitutional according to due process of the Fourteenth Amendment, as the first point in which he had to give his side of the story was at the police station after which his license had already been taken from him. Even if he had been proven not to be drunk, his license would not have been restored to him under the statute for a period of 90 days. Five justice members disputed the decision, saying that the driver was given no opportunity to be heard before his license is removed, indicating a lack of due process . Despite this, the Supreme Court...
8 Pages(2000 words)Research Paper

An Analysis of the Fourth Amendment

... An Analysis of The Fourth Amendment The fourth amendment was a significant development of the American constitution, which spells out the limits of the executive in the manner in which it may carry out searches, seizures, or arrests on the citizenry. In principle, the fourth amendment is part of the Bill of Rights and works within the changed requirements on the conduct of arresting officers with regard to the privacies of the persons being apprehended or searched (McInnis 41). The central focus of the fourth amendment was addressed on specific details of the general warrant, which gave the authorities the sweeping powers to search suspected citizens with no limits on the nature of the items they could focus their searches... on or their...
9 Pages(2250 words)Research Paper

The 17th Amendment: An Analysis and Review

...The 17th Amendment: An Analysis, Discussion, and Review When the United States Constitution was being drafted and key aspects of it were up for consideration from the Constitutional Convention, it was determined that each state, regardless of size and/or overall population, was entitled to two senators. Further, the original Constitution stipulated that the senators would be selected by the State representatives themselves as a means of providing equal footing between a representative republic and a total and complete democracy. At that time, there was but one dissenting vote, James Wilson, who argued for the senators to be elected by a popular vote. In the broader context, the original...
5 Pages(1250 words)Essay

Sixth Amendment

...citizen without trial for security purposes or when seen as aiding terrorist attacks, on a closer consideration of the sixth amendment the above action by the president is a gross violation of human rights as stipulated in the bill of rights (Shea, 58). The failure of the state to accord Padilla a speedy trial as allowed in the sixth amendment. Through the due process clause of the fourteenth amendment, which protects the, defendant from delayed trial since the time of indictment to the beginning of the case. The constitution allows a period of six months within which the prosecution should commence trial on all felonies, apart from murder cases; however, Padilla went...
3 Pages(750 words)Essay

Amendment rights

...Running head: EXCEPTIONS TO THE SEARCH WARRANT REQUIREMENT IN AMENDMENT RIGHTS Discussion Board 5 Discussion Board 5Unreasonable searches and seizures are guarded by the United States Constitution under the fourth amendment. This came about due to the controversial writs of assistance during American Revolution. The amendment IV is has two distinct parts whereby: The first part usually safeguards people against unreasonable searches and seizures. There had been numerous ways of remedying unreasonable searches in the ancient times unlike in the modern jurisprudence that has facilitated respect of the amendment by the police officers. The second part usually concerns the proper issue of warrants whereby it states that there should... be a...
4 Pages(1000 words)Essay

Amendment Impact

...of affiliation Amendments that impact the issues of Criminal identification Criminal identification process used by the police to identify perpetrators of crime has faced various proposed amendments. When crimes are committed, law enforcements will always ask the victims to identify the criminal. Normally they use various identification methods. Such include show up, line up and photo array among others. Show up method is an identification procedure where the suspect is singly presented to the crime victim (Raskin, 2009, p.75). Based on the identification results, whether positive or negative, the prosecution will take action. However, research has revealed that reliability on eyewitness identification...
4 Pages(1000 words)Assignment

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

...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...
2 Pages(500 words)Essay

The Fourteenth Amendment

...The Fourteenth Amendment College The Fourteenth Amendment The fourteenth amendment was one of the most important constitutional amendments in the United States. The bill sought to eliminate the criminal black codes established by individual states. Notably, the fourteenth amendment endeavored to recognize the rights of emancipated slaves. In many states, slavery was a common factor before 1866. For this reason, the fourteenth amendment sought to introduce a new form of protection of the fundamental rights of former slaves. The whites, specifically in the southern states relied on unfair criminal proceedings to intimidate blacks. For this reason, there were increasing inequalities in criminal proceedings between whites and blacks... . The...
1 Pages(250 words)Essay
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.

Let us find you another Article on topic The Fourteenth Amendment Analysis for FREE!

Contact Us