The procedural rights, afforded to the people of the United States, were established in the Bill of Rights and more specifically in the Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution of the United States. These Amendments were implemented for the explicit purpose of protecting the rights of the people. Everyone can expect to be treated equally and fairly because of these rights and the foresight of our Founding Fathers (Bohm & Haley, 2011, p. 103). The Fourth Amendment serves to protect the people from illegal searches and seizures.
The Fourth Amendment affirms that "people are secure against unreasonable searches and seizures, no Warrants shall issue, describe the place to search, and the persons or things to be seized. " There should be a warrant for everything if what a person is being charged for is risking their rights as a U.S citizen. For example the privacy of a citizen is safe under the Fourth Amendment. Second, the property belonging to U.S citizens is secure from search and seizure without a warrant. Third, due to the Fourth Amendment, any citizen is safe from unfair arrests.
The fourth amendment protects citizens from unlawful search and seizure. In order for a search and seizure to happen the police have to have evidence in order to get a warrant which allows them to search the citizens luggage, house, etc. In some cases the government may go to far, or invade privacy of others, but in this case the government didn’t go to far and this is proven in DLKs case, thermal imager, and heat image. In DLKs case he was taking reasonable expectation of privacy in the activities he was doing in his home.
Depending on the context, search warrants are a controversy for example; when entering a residence with the correct procedures that the law enforcement officer makes. To get a warrant, officers need consent and signed paper from the judge and with the state attorney. Overall there is the fourth amendment that safeguards the protection of the people and the right to issue a warrant with probable cause. In nature, there are certain requirements of a search warrant and some denies that right to search freely.
Exclusionary Rule, states that if any evidence is illegally obtain for any case cannot be used in court. The case of “Weeks VS United States” is one example of how the exclusionary rule works. (Explain the case) I personally think rule goes well in hand with the fourth amendment. But with the exclusionary rule some would say that it cancels out the Patriot act.
The fourth amendment protects us from many things, including the seizure of our property and possessions and unnecessary frisking. It was created to prevent the government and its branches from unlawfully violating privacy, and that’s how it should work, theoretically. Traditionally, a violation of our Fourth Amendment rights involved a physical invasion, like the seizure of papers or personal items, without a warrant. However, in this day and age, officers rarely need to physically violate this right to gain incriminating evidence. Many government agencies have a few skeletons in their closets when it comes to this.
In a decision made by the United States Supreme court, it was decided “that motor vehicles deserve a reduced expectation of privacy (Atkinson, 2011). This decision is in response to the Fourth Amendment to the U.S. Constitution which states that “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.” The case of Elliot Watson delves into why no warrant was needed to search the trunk of his car. The arrest of Mr. Watson and the search of his vehicle were valid.
The “Peace Officer’s Bill of Rights” provide law enforcement officers many of the same rights and privileges of that of the U.S. Constitution’s Bill of Rights. The officers require more protection to prevent coercion from internal investigations that they could easily face during their career. The peace officers bill of rights stemmed from officers wanting a little greater safeguard that protects them from “perceived arbitrary infringement of their rights (Peak, Gaines, & Glenson, 2009, p. 246). According to our text, these statutes identify they type of material that must be afforded to the officer, as to their responsibility to cooperate during the investigation, the right to representation, and the rules and procedures concerning the gathering evidence, especially the interrogation of the officer” (Peak et al., 2009, p. 246).
The Fourth Amendment the Search and Seizure amendment was first passed by Congress on September 25, 1789 (National Constitution Center) that states the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures (National Constitution Center). For the first one hundred years after this amendment was This amendment of the Constitution has been used by both civilians and governmental officials as proof of why they believe an incident that occurred was fair, or unfair. However, there have been times when deciding the fairness or unfairness has not been crystal clear. For instance, the case of Tennessee v. Garner that was first argued on October 30, 1984, and later decided upon on March
On December 15, 1791 the amendments were added on to the declaration and are meant to be followed as a part of human rights but are they really being followed. After the continental convention the us constitution was made, but it had a few flaws everyone knew it, but didn't expect it to stay together for as long as it has. Sadly though we are losing our amendment bit by bit, we can see it everyday the bill of rights is being broken with new laws and oppression happening everyday. One of the first amendment is the freedom of religion, speech,and the press as well as the right to petition. Not only have the right of our speech been tampered with so hase religion the whole reason this country exists but today we are almost being told us believing in our faith is taboo as well we have almost completely lost our freedom of speech i can't even post my opinion online without losing fifty percent of my friends.
Imagine you are just casually walking home from school. Slowly a policeman passes by and stops behind you. The police halts you and asks you to give your backpack to him. He looks into your bag, doesn't seek anything, and leaves. Are people actually given the privilege to feel safe and secure?