РефератыИностранный языкCiCivil Rights Essay Research Paper One night

Civil Rights Essay Research Paper One night

Civil Rights Essay, Research Paper


One night John Doe is driving down the freeway and is pulled over for a


routine traffic violation. After issuing poor Johnny a traffic ticket the


officer asks him one little question that could change Johnny’s insignificant


life forever. “May I search your car?” Now imagine if you were in John’s


position, how would you have responded to the question. Would you have just


said yes and let the officer go through your personal belongings, or would


you say no. If you were to say no could it lead to consequences, or would


you be free to leave.


“Sir, can we search your vehicle?” When asked this by an officer of the law,


have you ever questioned whether or not saying no would be an intelligent


response, or if it would just lead to more difficulty? What makes viable


grounds to perform a search of a person, vehicle, or structure by law


enforcement? What is this so-called, “probable cause”? The fourth amendment


is unclear regarding boundaries law enforcement must abide by when conducting


either a search or seizure. It states that probable cause is enough


justification for a legal search and seizure. But what defines probable


cause?


The fourth amendment can apply to vehicles, homes or even you physically.


The only restriction imposed by the constitution is that the officer must


have probable cause to conduct a search. Probable cause could be a multitude


of things. The interpretation from one person, or police officer, to the


next could be completely different. This could make for difficulties for


trying to prove that an illegal search and seizure was preformed in the event


of it taking place. But really, what is probable cause? If you were spotted


swerving on the road could the officer suspect you of drinking and driving


and search your car? Or maybe you might have a left over baggy on your


dashboard that has white powdered sugar in it from the doughnut that it used


to contain. Could an officer use the excuse that it may be cocaine and


search you? Could nervous behavior be used as an excuse? The officer could


say that you were acting suspicious and search you. All of these are


possible instances that could take place. Do all of them seem quite fair?


Searches can be conducted in different ways. Police can search an


individual, a person’s vehicle, and also their home or any other structure.


When searching and individual the police could be looking for a plethora of


things. These range from stolen property, to weapons, or even drugs and drug


related articles. Some examples of probable cause to search an individual


would be suspected shoplifting, or possibly reported drug use. However an


officer may have had a tip that a person could be carrying illegal material


and search you. Would tips and sources be considered a probable cause? This


is just one of the shady areas left to interpretation. Evidence in a


courtroom can be thrown out or dismissed purely because the manner in which


it was obtained was thought to violate the fourth amendment. The call for the


dismissal of evidence is left solely upon the judge in such court cases.

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