The U.S. Constitution affords citizens various rights and freedoms. These include freedom of religion, freedom from unreasonable search and seizures, and the right to equal justice. As upholders of the Constitution, police officers swear an oath to uphold people’s Constitutional rights as they perform their duties to prevent, reduce, and address criminal activities.
Of the 27 amendments to the U.S. Constitution, four amendments in particular pertain to the criminal justice process:
In this assignment, you will be asked to:
Use the Constitutional Amendments and Criminal Justice Process Template [DOCX] to:Â
Note: Be sure to use the Constitutional Amendments and Criminal Justice Process Template to complete your assignment.
For each Constitutional amendment:
Amendment/Interpretation/Importance
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Player/Step/Example/ | Example from Case Law or Contemporary Article. (This database will help you complete this column: CQ Supreme Court Collection.) |
4th Amendment
The 4th amendment states: “The right of the people to be secure in their persons, houses, papers, and 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†(1). Constitutional Amendments and Criminal Justice Process The 4th Amendment protects people against unreasonable search and seizure of their person, property, and belongings. It also includes warrants. For example, it sets requirements for issuing warrants. A judge or magistrate must issue warrants, and they must be backed up by facts and supported under oath. A government with extreme overreach would be difficult to live under. Therefore, the founding fathers included the 4th Amendment, which protects citizens from unreasonable and searches both warranted and warrantless. |
Law Enforcement—Preliminary Investigation
As an example, police detectives have taken statements from an informant under oath pertaining to the whereabouts of a robbery suspect. The officers believe evidence exists at a certain location based on the informant’s statements and eyewitness testimony. They go to the court seeking a search warrant for that specific location and state their evidence to the judge. The judge then decides based on the facts.
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The United States Supreme Court issued a 6-3 decision in 2015 in Rodriguez v. United States. The Court held that Nebraska police violated Rodriguez’s 4th amendment rights when they extended an otherwise lawful traffic stop in order to let a drug-sniffing dog investigate the outside of the vehicle (2).
In Terry v. Ohio, the U.S. Supreme Court Determined that the 4th amendment allowed a police officer to stop a suspect on the street and frisk him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous” (3). Constitutional Amendments and Criminal Justice Process
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5th Amendment | ||
6th Amendment | ||
8th Amendment |
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