Tuesday, August 13, 2019

Position paper base on a recent issue related to the constitution and Research

Position base on a recent issue related to the constitution and the executive branch - Research Paper Example d effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized† (Dahl, 2003). It is all about privacy in the search and seizure provisions of the 4th amendment. The amendment simply provides protection against searches and seizures in criminal investigations by federal or state law enforcers that are unreasonable in nature. Any evidence obtained in a criminal investigation case in the course of search for seizure is unlawful if it cannot be of use at the court trial of the individual from whom the evidence was confiscated (Billias, 2009). In the Fourth Amendment, for an arrest or search to take place, the warrant must be approved judicially. Basically, searches must plainly be reasonable and the warrant necessity ought to have been clearly stressed and pointed out. The Fourth Amendment is only applicable to governmental searches and seizures in criminal investigations but not to the ones done by private establishments or nationals who are not acting on behalf of a government. I am in support of the Fourth Amendment due to a number of reasons. Firstly, the amendment is beneficial to citizens because it offers them protection against governmental actions that are unreasonable in nature (Harper, 2007). For instance, particular guidelines have to be met in the issuance of a warrant for it to be considered legal and must be strictly complied to protect the citizen and the law enforcer. Those who framed the constitution saw that intrusions by governmental agencies in cases involving criminal investigation encroached on the rights of the public. In previous times, it was common for officials to harass average citizens who had no means of preventing searches and seizures that were unwarranted. The 4th Amendment is of great importance as it constitutes legal representation of

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.