CRJ320 - WEEK 3 - DISCUSSION 3

"The Fourth Amendment to the U. S. Constitution"

From the e-Activity, identify the key aspects of the Fourth Amendment to the U.S. Constitution and analyze the manner in which it pertains to the average American citizen in regard to search and seizure. Provide a rationale for your response.

The Fourth Amendment to the impoverish, middle and well to do is their protector and protection. It is in its own way a guardian that never sleeps and is cognizant of the distress that all feel when a search or seizure occurs.

History brings protection because it was primarily written to protest the “writ of assistance” that was established by the British Government to search homes here in America and its abuse and usage prior to the revolution that threw off the yoke of unfairness and oppression.

Thereby, the Fourth Amendment restricts incorrect search and seizures without probable cause. In relation to the need for probable cause without it there is civil liability and levels of animosity aimed at law and legal enforcers and huge amounts of distrust.

Further, it renders a search and seizure that is done incorrectly useless with the charges dropped and discarded. This is the exclusionary rule and it is effective because its stance is based upon the Fourth Amendment and anything that is inadmissible is referred to as the “fruit of the poisonous tree”.

Even though the Fourth Amendment is protective it can only prevail on the law as its supportive in continuous fair play but leans heavily on legalities and the right. The right is indeed when a matter of legal is the law enforcement duty and an entry of consent, plain view or open field reveals illegal contraband or weaponry that is unlawful to have. This allows seizure to occur and be allowed as evidence against whomever. Also, there are other exceptions that affect the interpretation of the Fourth Amendment in regard to the treatment of people and the ensuring of fairness due to said corrective consequence.

Identify two (2) situations where a police officer may stop and question individuals based on their visual behavior, which is also known as a patdown. Next, give your opinion as to whether or not the reasons why the police patdown the individuals are valid in the situations you identified. Provide a rationale for your response.

Two situations that allow a policeman or officer to stop and question individuals based on visual behavior are suspicious behavior, erratic speech and actions or possible concealed weapon(s). The officer has a duty to ensure keeping the peace as well as keep those who are armed without license in check to prevent, circumvent actions of violence or criminal activity or a person who is mentally unable to control self. By securing a visual target visually this allow the next step of confrontation, patdowns and unarming individuals with arrest if armed without license.

The goal is always safety and security for the entire populace.

Thank you.

Felicia

CRIMINAL JUSTICE
WEEK 3 DISCUSSION 3
RESPONSE TO CO-STUDENT

I agree but one question is that I wonder about is what happens to the illegal contraband if the charges are threw out? Who profits? Certainly, not the people whose house was raided!

Another question, e.g., If it was weed or coke will it be destroyed completely or used in an undercover maneuver? Personally, I feel that all should be destroyed to ensure it is not stolen from in house and put on the street market for sale.

I also agree with you about the visual person who made himself or herself a “red” hot dot. Secure and do what’s right and lock them down.

Thank you.

Felicia