The 4th amendment of the US Constitution

Published by admin at November 8, 2021

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The 4th amendment of the US Constitution

Background

The 4th amendment of the US Constitution prohibits “unreasonable searches and seizures.” Those are searches and seizures that are not based on a key legal concept, “probable cause.” Probable cause, simply stated, would be facts and circumstances that would cause a reasonable person to believe that a particular person committed a crime, or that a particular person has evidence to a crime in a certain location. Given that, the officer may arrest the person and/or search for evidence.

The exclusionary rule was a rule that developed from a case known as US v. Weeks (1912). That rule states that evidence illegally seized can not be used in a criminal prosecution. It is “excluded”. That rule was later expanded to both federal and state courts in Mapp v. Ohio (1961).

Using the information you learned from Module 10, your chapter readings and exploratory research, analyze the facts below and answer the questions presented in a mini paper (APA OR MLA formatted, double spaced, with AT LEAST three (3) additional sources.

Facts

A police officer is on routine patrol. He spots a person who he believes looks suspicious. The person is driving a car in front of him. After following the person, a man, for a few minutes, the officer decides to stop and detain him and find out if he has committed a crime. The officer makes a traffic stop and confronts the man. He checks his ID and asks him to step from the car. Believing that he has committed a crime, the officer, using keys from the man, opens the trunk and finds a bloody blanket. He learns that the man lives nearby. After placing the man under arrest, searching him and putting him in him in his patrol car, he drives to the man’s house a few blocks away. He enters the house with the belief that he will find evidence of a serious crime. Once inside, the officer discovers the body of a boy, approximately 5, who appears to have been dead for several hours. The body was nude with blood around the mouth and rectal area. He secures the scene, requests detectives and CSI’s and transports the suspect to the station for booking. In route, he asks the suspect why he did it. The suspect replied that he didn’t mean to do it. It was an accident.

The crime lab is able to match the blood found on the blanket to the victim’s blood. They also are able to do a DNA match with semen found in the decedent’s rectum to the suspect.

Question 1

Examine the initial stop. Was the stop legal? Why or why not? Consider consensual encounter, reasonable suspicion, probable cause. Which one, if any, existed? Why, how?

Be sure to use all the rules you have learned thus far as support, be sure to state what those rules are as well as where you obtained them from (statute, penal code, book, website, ect.) and THEN let me know WHY you are choosing the answer you are.

Question 2

Evaluate the removal of the driver from the vehicle. Under the circumstances of the stop, was this legal? Why or why not? For what was this man arrested?

Question 3

Consider the search of the vehicle. What rules govern this search? Was this search constitutionally valid? Why or Why not? What case decisions govern the search? What evidence was seized? Was this evidence seized lawfully? Why or why not? What case decisions?

Question 4

Evaluate the interview and subsequent confession. Was this interview conducted constitutionally? Why or why not? What case decisions apply?

Question 5

Evaluate the transportation of the suspect to his residence. Consider the entry into the suspect’s home. What issues exist in that entry? If the entry was legal, under what rule is it legal? If the entry was not legal, explain why not?

Sample Solution

re are several interpretations which explore the main reason for the end of the Cold War such as the Afghanistan War, Reagan’s Presidency, Gorbachev’s leadership, the economy and the independence of Eastern European countries. The main factor that led to the end of the Cold War was the debilitated relationship of the Soviet Union with Eastern European countries which meant that countries such as Poland and Hungary gained independence. As Levesqué argues, the independence of Eastern European countries led to the end of the breakdown of the Soviet Union, ultimately ending the Cold War because of the lack of focus on the East and the increased focus on the West. Moreover, the Soviet Union could not maintain their power and control over the Eastern European countries and could not provide financial aid when requested by Eastern European leaders. Thus, they saw Soviet control and support as inadequate. Although Oberdorfer sees Gorbachev’s leadership as the most important reason for the end of the Cold War, it is not true because the gaining of independence was the most detrimental factor which completely dissolved the Soviet Union, hence why the gaining of independence of Eastern European countries was the most impactful factor that led to the end of the Cold War. Levesqué: Levesqué believes the main reason for the end of the Cold War was the lack of control Gorbachev had over the Eastern European countries. Ultimately, this led to the end of the Cold War because the countries broke away from the Soviet control, which further led to the rapid downfall of the Soviets. Levesqué argues Gorbachev tried to have “the best of both worlds” by having “change and relative stability” in the Eastern European countries. Gorbachev was too focused on the West, disregarding the Eastern European countries which led to their independence because “first priority was given to the East-West rapprochement”. Therefore, the Eastern European countries were a significant reason for the end of the Cold War because the Soviet Union lost control over them as their power was minimised. Additionally, Levesqué depicts how historians in the past thought that Soviet Union leaders had “very poor information on the situation in Eastern Europe”. His argument is based on newly released documents, such as the report from the Bogomolov Institute, which clearly reveal problems at the time – they were just not acted upon. Eastern countries e.g Bratislava were looking to become independent because they disliked the Russian control, but this desire for independence was negative since it meant that the Soviet Union had less control over reforming them. Gorbachev wanted the leaders themselves to implement the changes, supporting the idea of freedom and democracy, but this ultimately led to the Cold War’s end as many were hesitant and refused to implement changes. “Gorbachev was convinced that reform could work in Eastern Europe, but he believed that the initiative had to come from the top leadership of these countries”, supports Oberdorfer’s central argument of his leadership being the main reason of the Co

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