Reasons For Applying The Fourth Amendment - 2050 Words

Criminal Procedure Mid Term 1. Identify and describe the three possible alternatives for applying the Fourth Amendment to â€Å"stop and frisk† situations. Also, identify which alternative the U.S. Supreme Court adopted and explain why. The three alternatives or interpretations that can be used for applying the fourth amendment of â€Å"stop and frisk† are: 1. The fourth amendment applies only to full searches and arrests; so short of full arrest and searches, officers’ discretion controls their contacts with individuals in public places. 2. Even brief street detentions are arrests, and pat downs are searches, so the police can’t do anything unless they’ve got probable cause. 3. Stops and frisks are searches and seizures, so officers have to back them up with suspicious facts and circumstances. But, they’re â€Å"minor† ones, so they require fewer facts and circumstances than arrests and searches to back them up. (Samaha, 2015) They Supreme Court found that alternative 1 and 2 were unacceptable. Alternative 1 did not apply at all to street encounters and that people on the street are then subject to what and who ever any officer felt like. Alternative 2 was not in the best interest of the officer and if the officer could not take any action until they had probable cause their crime control would suffer and they may never see the suspects again. The U.S. Supreme Court adopted alternative 3. The court believed that the fourth amendment gave police enough power to â€Å"freeze† suspiciousShow MoreRelatedThe Exclusionary Rule 823 Words   |  4 Pagesthe caw of Wolf v. Colorado, 38 U.S. 25, 27-28, did the U.S. Supreme Court take the first step toward applying the exclusionary rule to the states by ruling that the Fourth Amendment was applicable to the states through the Due Process Clause of the Fourteenth Amendment which states: the security of one’s privacy against arbitrary intrusion by the police-which is at the core of the Fourth Amendment- is basic to a free society. It is therefore implicit in the â€Å"concept of ordered liberty† and as suchRead MoreWelfare Drug Testing Should Not Be Allowed1416 Words   |  6 Pageswelfare, and it is expensive and ineffective . For all these reasons mandatory welfare drug testing should be stopped. Welfare drug testing is a complete and utter violation of the rights of people on welfare. The drug test is a violation of the fourth amendment. The fourth amendment protects people against unreasonable searches and seizures by the government. One way that welfare drug testing breaks this amendment is because the amendment states that the government or any subsection of the governmentRead MoreDrug Testing Welfare Recipients Should Not Be Drug Tested911 Words   |  4 Pagesonline. This is not only negative, but its harmful because the first offensive for testing positive is to go to rehab or lose your benefits for a year. The second reason I believe that drug testing welfare recipients is ineffective is that it is discriminating, unconstitutional and it challenges everything against the Fourth Amendment which states the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,Read MoreThe Welfare Recipients Should Not Be Drug Tested907 Words   |  4 Pagesonline. This is not only negative, but its harmful because the first offensive for testing positive is to go to rehab or lose your benefits for a year. The second reason I believe that drug testing welfare recipients is ineffective is that it is discriminating, unconstitutional and it challenges everything against the Fourth Amendment which states the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,Read MoreThe Drug Of Drug Testing Welfare Recipients912 Words   |  4 Pagesonline. This is not only negative, but its harmful because the first offensive for testing positive is to go to rehab or lose your benefits for a year. The second reason I believe that drug testing welfare recipients is ineffective is that it is discriminating, unconstitutional and it challenges everything against the Fourth Amendment, which states the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violatedRead MoreName Of The Case: Katz V. The United States. 389 Us 3471203 Wo rds   |  5 Pagesarguing that the recordings violated his fourth amendment right to which the Court of Appeals rejected this point, noting the absence of a physical intrusion into the phone booth itself. The Court granted certiorari. Issue: Does the Fourth Amendment protection against unreasonable searches and seizures require the police to obtain a search warrant in order to wiretap a public pay phone? Holding: Although the Court ruled that Katz was entitled to Fourth Amendment protection for his conversations andRead MoreWelfare Reform For Drug Test Recipients Essay1719 Words   |  7 Pagesrefuse to take drug test prior to receiving their welfare checks. Since 1996 there has been a call for welfare reform to drug test recipients prior to admission, but any attempts have been unsuccessful because they are viewed as a violation of the fourth amendment, more harmful for children, and an unnecessary expense. These common fallacies have been the main arguments leading the anti-drug testing campaign, but in the past few years many taxpayers have grown increasingly tired of their money being givenRead MoreThe Fourth Amendment1515 Words   |  7 PagesThe Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. TheseRead MoreThe Rights Of The United States V. Miller1244 Words   |  5 Pagesreveal a portrait of private life. However, current law gives little privacy protection to information about these activities, overstepping the First and Fourth Amendment safeguards that are guaranteed to individual freedoms. There are two cases to be discussed, Smith v. Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20th century. â€Å"In these two cases, the Court held that people are not entitled to an expectation of privacy in information they voluntarilyRead More Drug Testing Is Illegal Essay example943 Words   |  4 Pages Making a person take a drug test violates their Fourth and Fifth Amendment rights under the constitution of the United States of America. Recently, there has been an increase in companies and schools using drug test. Some companies force their employees to submit to a drug test before being hired and randomly while employed. High school sport regulations require that all student athletes give consent to being randomly drug tested. Other schools are going as far as making all students give consent