2013 The concept of stop and frisk In an effort to maximize an individuals rights during search and seizures along with stop-and-frisks‚ the United States government has developed numerous laws and amendments. The Fourth Amendment states‚ The right of people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated‚ and no Warrants shall issue‚ but upon probable cause‚ supported by Oath or affirmation‚ and
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evidence against you in violation of your constitutional rights‚ they cannot use that evidence against you to prove your guilt or innocence at a trial. An example of this would be police searching your home without a search warrant. If they found illegal item in your home during that search‚ they could not be used against you at trial. Now the important thing to remember about the exclusionary rule‚ however‚ is that it does not mean you are automatically free to go. It only means that that particular
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They are also using other search techniques such as wiretapping to conduct searches rather than a “physical search” and by doing so; they can “legally” avoid violating the Fourth Amendment. A lot of the Fourth Amendment has also been weakened significantly over the years from Federal Court Case and the new technology. The fourth Amendment is “The right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated‚ and
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The fourth amendment protects citizens of the United States from unlawful searches and seizures conducted by police officers or law enforcement agencies. The Fourth Amendment of the Constitution affirms: “The right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated‚ and no Warrants shall issue‚ but upon probable cause‚ supported by Oath or affirmation‚ and particularly describing the place to be searched‚ and
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has come a long way and will continue to serve us in our best interests for as long as we live‚ whether we agree of disagree. “The right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated‚ and no Warrants shall issue‚ but upon probable cause‚ supported by Oath or affirmation‚ and particularly describing the place to be searched‚ and the persons or things to be seized.” (Findlaw.com‚ 2010). Due to the Fourth
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or social status does not decrease their value as humans. Officers must keep law and order in communities‚ but citizens have the right to not be unduly mishandled or injured by officers. The U.S. Constitution protects Americans from illegal search and seizure. Facts and observations have been provided about police conduct and their role in society. It promotes the argument that
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The Fourth Amendment protects against illegal search and seizures. This means that a U.S. citizen cannot have themselves‚ homes and/or possessions searched or confiscated by law enforcement without a legal warrant. It pretty much protects citizen’s privacy. But there are positive and negative effects from this. It protects the citizen’s from law enforcement from searching on the spot without legal documentation authorizing it. On the other hand‚ thou‚ it could help criminals dispose of evidence while
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CRIMINAL PROCEDURE OUTLINE INTRODUCTION I. Meaning of “criminal procedure”: refer to the methods by which the criminal justice system functions including a. Arresting of suspects b. Searching of premises and persons c. The use of electronic surveillance and secret agents d. The interrogation of suspects e. The exclusionary rule II. Not all procedure is constitutionally regulated: Both states and federal legislatures are free to enact statutes and rules setting forth procedures for
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most well known. This amendment states that‚ people have the right to be secure in their persons‚ houses‚ papers and effects‚ against any unreasonable search and seizures. Their right shall not be violated‚ and warrants are issued when there is a probable cause. This amendment gives people the right to be free from any unreasonable search and seizures. When it comes to a warrant there is specific requirements that guide the warrant process. The warrant has to be issued by a judged‚ and supported by
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Landmark Racial Profiling Cases Erika J. Shorter University of Maryland University College CJMS 650 9040 Cole and Smith (2007) define racial profiling as‚ “the use of race and ethnicity as clues to criminality.” This term is commonly used to refer to police or other law enforcement officials singling out a person or group of people as “potential suspects” because of their race or ethnicity (p.98). Terry v. Ohio On October 31‚ 1963‚ while on a downtown beat which he had patrolled many times
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