The Fourth Amendment

The one-quarter Amendment and the application of the Exclusionary RuleProfessor La Nina Floyd-CookeCRJ 101.24After the people endured the historically evil practices hope by the British prior to the American Revolution, and fought for our independence which enabled us to secure our fundamental correctlys, why should we today be subjected to exigent law enforcement procedures? We arrive the right to challenge the constitutionality of arrests and the seizure of differentiate. pursuant(predicate) to the Exclusionary Rule, proof seized in infringement of the quaternary Amendment should be licitly challenged and suppressed. thither is no lawful excuse as to the admissibility of evidence obtained in violation of our constitutional safeguards. The quartern Amendment to the United States opus states:The right of the people to be secure in their persons, houses, text show and effects against unreasonable searches and seizures, shall not be violated and no warrant shall issue b ut upon probable cause oblige by oath or affirmation specifically describing the contract or persons to be searched and the things to be seized.I find it profoundly strategical to discuss the historical relevance of the Fourth Amendment and some cases where the constitutionalities of arrests take up been challenged, and the seizure of evidence has been suppressed.

When an arrest is made in violation of the Fourth Amendment and evidence is seized pursuant to an unlawful arrest, the attorney representing the venture can file a motion to suppress what is referred to as the fruits of an unlawful arrest.The histori cal evil behind the incorporation of the Fou! rth Amendment to the Bill of Rights originated back when the United States was under the control of the British. stab to Kanovitz (1998), general warrants and writs of assistanceconferred blanket authority on British customs officials to decide whom to search, where to search, and what to... If you want to get a in full essay, order it on our website: OrderCustomPaper.com

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