Fourth Amendment Essay Samples and Topic Ideas

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Fourth Amendment in search of a weapon without warrant arrest is a search without reason? Held: The Supreme Court believed that a search is reasonable at a time when an officer carries out a partial search for a weapon on an individual who the officer believed may be armed. An officer could be burden by the prohibition of searching people that he suspects to be armed. Concurrence: J. Harlan concurred with majority, but he stressed an additional need of the sensibleness of the stop to inspect the crime Dissent: J. Douglas disagreed, he said the majority holding could give controls to the officer to permit a seizure and search that even a magistrate cannot even posses Discussion: A summary fact...

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Fourth Amendment meets with common law; in that, if reasonable grounds of search and seizure exist, the Fourth Amendment ceases to apply. If a car attracts the attention of the officer, a subsequent search on the vehicle by the officer does not contravene the law. Question 3 Officer Webster's actions were within the dictates of the Constitution. The red car deserved a pullover as it violated traffic rules by overspending. It was well within the constitutional authority the officer to stop the vehicle and run the licenses. Objective grounds existed for the stop and seizure. The actions of Webster were within the legal guidelines of Whren v. United States (Kanovitz, 2015). Question 4 All actions...

Fourth Amendment outlines circumstances under which search and seizure are permissible. For the operations of Smithwick to stand the test of constitutionality, there needed to exist reasonable suspicion on the involvement of the suspect in criminal activities (Kanovitz, 2015). By observing the defendant and his friends stand in the streets at the time that they did, that was not enough suspicion for the following actions by Smithwick. The defendant was free to leave as he was not under arrest, so he had the liberty to go without saying anything to officer Smithwick (Kanovitz, 2015). The feeling that the young man was a gang member due the crimson jacket was natural, but that did not translate to...