Policing and the Constitution

The Fourth Amendment of the United States Constitution states: Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause. This amendment impacts law enforcement because police need a warrant to make arrests and searches. This is not applicable if the officer has first-hand knowledge of an event and the evidence is likely to be destroyed or the subject will abscond if time is taken to get a warrant. If a warrantless search is made by the police that should have been made only after a warrant was issued, then all knowledge gained by that evidence is not allowed in testimony. The Fifth Amendment of the United States Constitution states: Set out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy. This means that the officer does not determine innocence or guilt. She or he only determines probable cause of belief of guilt. Also, an officer cannot force a person to bear witness against himself. If a person is tried and a verdict is given, that person cannot be tried again. Accused persons cannot be forced to say anything. Eminent domain is the power of a government to take private property for public use, usually with compensation paid to the owner. The Sixth Amendment of the United States Constitution states: Protects the right to a fair and speedy public trial by jury, including the rights to be notified of accusations, to confront the accuser, to obtain witnesses and to retain counsel. This means the subject has the right to counsel before, during, and after questioning. Should the subject request the presence of an attorney, questioning should cease until counsel arrives. Probable cause is one of the fundamental protections built into the criminal justice system by the founding generation of the United States. Probable cause is the standard by which an officer or agent of the law has the grounds to obtain a