Fourth Amendment Pros And Cons

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The Fourth Amendment protects individuals against unreasonable searches and seizures by the government, and addresses the evidence acquired as a result of a search or seizure; and may undoubtedly have the greatest daily impact on the judicial process. The Fourth Amendment address when an officer can, or cannot stop and frisk, seize a person or their belongings, arrest with or without a warrant, and search a person or their belongings with or without a warrant. The Fourth Amendment procedural rights can be divided into two sections: Search and Seizure. The Supreme Court created a test in which a person is deemed seized when “in light of the circumstances surrounding the incident, a reasonable person would believe they are not free to go” U.S. v. Mendenhall (1980). The court has also…show more content…
The first, right to grand jury indictment in felony cases has not been extended to the states, Hurtado v. California (1884). The second component, protection against double jeopardy provides a definition of jeopardy and when it is attached during a trial. The ultimate goal of this amendment is to establish that the state should have one chance to convict a defendant and reduce the chances of continual harassment or prosecution. The third component of the Fifth Amendment is protection against compelled self-incrimination. This portion of the amendment establishes the circumstances when a confession can be admissible or inadmissible and determining what constitutes coerced confession through the means of questionable interrogation tactics. As a result of Miranda v. Arizona (1966), procedural safeguards were established to help prevent compelled self-incrimination while in police custody (Bethel, 2014). The root basis of this amendment is that the burden of proof rests with the government and defendants are not obligated to help the government prove they committed a crime Malloy v. Hogan (1964) and Griffin v. California

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