The Fourth Amendment

The Fourth Amendment protects citizens from unreasonable searches and seizures by the police. Searches must be done with a warrant or under one of the described exceptions. In Maryland v. King, the Supreme Court ruled that the police can take DNA during the booking process from people who have been arrested and not yet convicted. This is similar to an arrestee having his or her fingerprints taken during booking. Do a quick search of the Bill of Rights to investigate the exact wording to inform your response.

Do you think this violates a person’s right to be free of unreasonable searches and seizures?

What are the implications of this case upon all the branches of the criminal justice system?

The Fourth Amendment

The U.S. Constitution affords citizens various rights and freedoms. These include freedom of religion, freedom from unreasonable search and seizures, and the right to equal justice. As upholders of the Constitution, police officers swear an oath to uphold people’s Constitutional rights as they perform their duties to prevent, reduce, and address criminal activities.

Of the 27 amendments to the U.S. Constitution, four amendments in particular pertain to the criminal justice process:

The Fourth Amendment prevents unreasonable searches and seizures.
The Fifth Amendment affords people various rights in criminal and civil proceedings. Examples include the right to a grand jury and due process. It also allows people to protect themselves from self-incrimination, and it prohibits double jeopardy
The Sixth Amendment guarantees various rights to criminal defendants, such as the right to a speedy trial, a lawyer, and an impartial jury. It also guarantees defendants the right to know who their accusers are and the nature of the charges and evidence against them.
The Eighth Amendment prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.
In this assignment, you will be asked to:

Explain the meaning and importance of these four amendments.
Illustrate with an example how the amendment applies to a player and a step in the criminal justice process.
Illustrate with an example, from case law or contemporary articles, of how the amendment applies to the particular player and step in the criminal justice process.

The Fourth Amendment

The U.S. Constitution affords citizens various rights and freedoms. These include freedom of religion, freedom from unreasonable search and seizures, and the right to equal justice. As upholders of the Constitution, police officers swear an oath to uphold people’s Constitutional rights as they perform their duties to prevent, reduce, and address criminal activities.

Of the 27 amendments to the U.S. Constitution, four amendments in particular pertain to the criminal justice process:

The Fourth Amendment prevents unreasonable searches and seizures.
The Fifth Amendment affords people various rights in criminal and civil proceedings. Examples include the right to a grand jury and due process. It also allows people to protect themselves from self-incrimination, and it prohibits double jeopardy
The Sixth Amendment guarantees various rights to criminal defendants, such as the right to a speedy trial, a lawyer, and an impartial jury. It also guarantees defendants the right to know who their accusers are and the nature of the charges and evidence against them.
The Eighth Amendment prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.
In this assignment, you will be asked to:

Explain the meaning and importance of these four amendments.
Illustrate with an example how the amendment applies to a player and a step in the criminal justice process.
Illustrate with an example, from case law or contemporary articles, of how the amendment applies to the particular player and step in the criminal justice process.

The Fourth Amendment

 

The Fourth Amendment is one of the cornerstones of our freedoms guaranteed by the U.S. Constitution. It protects people against unreasonable search and seizure of their person, property, and belongings. Law enforcement officers must work to ensure they do not violate the Fourth Amendment while performing their duties. They have a responsibility to protect people’s rights and not invalidate evidence for any future court cases.In this assignment, you will analyze a case study based on an actual case to determine whether police officers’ search and seizure actions related to suspected illegal drug activities were constitutional. Here is the case study you will analyze in your assignment.

Case Study
In the Los Angeles Brentwood neighborhood, neighbors have notified the police that they have seen vehicles coming and going from one specific home. The incidents occur between 11:00 p.m. and 3:00 a.m. The neighbors believe drug activity may be taking place. The local police division assigns officers Williams and Martinez to investigate possible drug activity at that location.Officer Williams contacts the neighborhood’s regular trash collection service and asks it to put the contents of the subject’s (defendant’s) garbage left at the curb in plastic bags so as to not mix the subject’s garbage with others. He also asked the trash collector to turn the subject’s bags over to him at the end of trash day collections. The trash collector did as Officer Williams requested. Officer Williams’s partner, Officer Martinez, searched through the garbage and found items indicative of narcotics use. Officer Williams and Officer Martinez then listed the information obtained from the trash in an affidavit to support a warrant to search the defendant’s home. Officer Martinez and Officer Williams encountered the defendant at the house later that day upon execution of the warrant. The officers found quantities of cocaine and heroin during the search and arrested the defendant on felony narcotics charges.Note: As you complete this assignment, it will be helpful to you to read the actual case on which this case study is based: California v. Greenwood.

Instructions
Write a three- to four-page analysis of this case study in which you:

Explain in your own words the Fourth Amendment, which governs the officers’ actions.
Determine which of the following doctrines apply to this case study: plain view, abandonment, open fields, or border searches.
Be sure to support your determination by citing specific case law and/or contemporary cases.
You may find the CQ Supreme Court Collection database useful as you conduct your research. You will also find this database and other useful ones under Strayer’s B.S. in Criminal Justice library resource page. Click on Specialized Databases.
This less than two-minute video, called Finding Supreme Court Cases Relating to Specific Amendments, shows you how to search for cases by amendment.
Assess the constitutionality of the officers’ actions in the case study.
Use three sources to support your writing.
Choose sources that are credible, relevant, and appropriate.