The effects, against unreasonable search and seizures. This

The
fourth amendment protects the people to be secure in their persons, house,
papers, and effects, against unreasonable search and seizures. This means that
no law enforcement officer is able to search a person’s property or confiscate
any evidence found in connection to a crime unless they have a warrant. The
fourth amendment states that no warrants shall be issue unless it is supported
by probable cause. Probable cause is a requirement found in the fourth
amendment needed before getting a warrant in order to make an arrest,
therefore, an officer has to make sure that the probable cause exists. According
to Hemmes (2017) warrants are required to describe the subject of their search
with “particularity” (Hemmes, 2017, p. 41). Meaning that when getting a warrant,
it has to be specific with who or what specifically are they searching. Probable
cause is found when they believe that someone has committed a crime or when they
believe evidence of a crime is present in a place. Hemmes (2017) stated that,
“probable cause is best defined as a fair probability that a crime has
occurred” (p.42).

In
1961, Dollree Mapp was convicted after police officers forcibly enter her house
looking for a fugitive. When searching her house instead of finding a fugitive
they found obscene materials. The Mapp v. Ohio case ruled that evidence
obtained violating the fourth amendment cannot be used against the suspect. This
case was very important regarding the exclusionary rule. According to Hemmes
(2017) evidence obtained by law enforcement officers in violation of the Fourth
Amendment is not admissible in a criminal trial to prove guilt (Hemmes, 2017,
p. 255). The officers did not have the right to enter her house and search her
belongings without a warrant. They violated her privacy looking through her belongings.
Therefore, the evidence obtained illegally will not be acceptable when taken to
court.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

            The fourth amendment and the exclusionary
rule protects our rights as citizens and from police misconduct. It protects us
in a way that we are supposed to feel secure in our house and that anything
that is our property won’t be illegally and forcibly search. It also protects
us from police misconduct in a way that police officer just won’t come in
straight to our house and accuse us of something that we didn’t do without
having a warrant. This amendment is very important because it requires for law
enforcement officers to have a probable cause to look over things that are ours
without us feeling that they have violated our privacy. 

Related Posts

© All Right Reserved
x

Hi!
I'm Melba!

Would you like to get a custom essay? How about receiving a customized one?

Check it out