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Discussion -The Fourth Amendment

Discussion – The Fourth Amendment

The phrases and the words contained in the Fourth Amendment of the United States Constitution seem straightforward without any difficulties in interpretation. It states that the citizens’ “houses, persons, effects, and papers” must be protected against “unreasonable seizures and searches (Cuddihy, 2009).”  It mandates all the agents of the government to obtain a court warrant before performing a seizure or a search on the basis of a “probable cause that is supported to be searched.”

The exclusionary rule states that if there is a piece of evidence that was obtained in violation of the Fourth Amendment, then that particular evidence will lose its validity in criminal proceedings (Clancy, 2012). Having the exclusionary rule will mean that the police misconduct will be deterred and the judicial system’s integrity will be protected since the court would never use evidence that was illegally obtained. Do you need urgent assignment help ? Get in touch with us at eminencepapers.com.

References

Cuddihy, W. J. (2009). The Fourth Amendment: Origins and Original Meaning, 602-1791 (p. 420). New York: Oxford University Press.

Clancy, T. K. (2012). The Fourth Amendment’s Exclusionary Rule as a Constitutional Right. Ohio St. J. Crim. L.10, 357.

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Question 


From the e-Activity, examine the difficulties associated with interpreting the specific words and phrases of the Fourth Amendment. Discuss the implications of these difficulties.

Discussion - The Fourth Amendment

Discussion – The Fourth Amendment

Consider the purpose of the exclusionary rule. Then examine the major ramifications of having or not having the exclusionary rule. Then choose a position on it and explain your

WEEK 5 E-ACTIVITY
Go to the National Constitution Center website and read “Amendment 4: Search and Seizure,” located at http://constitutioncenter.org/constitution/the-amendments/amendment-4-search-and-seizure. Be prepared to discuss.

Number of pages: 1/2
References/sources: 1

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