Name Professor Institution Course Date The Effectiveness of the Fourth Amendment In the event that the subject agrees to be frisked after being asked for consent by the officer then the frisk is absolutely valid. We must acknowledge the first amendment on the freedom of speech as one of the most precious rights and the fourth legislation of the Supreme Court that insists on protection from unreasonable search and seizure. According to those who framed the constitution illegal search or frisk was deeply personal. Illegal in this case means any forceful search or frisk without the subject’s consent as in the case of Tyquan Brehon. In 1950 the liberal Warren Court expanded the fourth amendment rights on protection of criminals against unclear or and charged with a crime of illegal possession of firearm. It in the court’s jurisdiction to pass judgment on the suspect based on the evidence presented. If there is no sufficient evidence the suspect is rendered innocent if there is sufficient evident he will be considered guilty. Works Cited Altman David B. "Fifth Amendment: Coercion and Clarity: The Supreme Court ApprovesAltered Miranda Warnings." The Journal of Criminal Law and Criminology (1973-) 80.4(1990): 1086-1111. Maclin Tracey. The Supreme Court and the Fourth Amendment's Exclusionary Rule. Oxford:Oxford University Press 2013. Print. McInnis Thomas N. The Evolution of the Fourth Amendment. Lanham MD: Lexington Books 2009. Print. Policing Cases & Concepts-Law of Arrest Search & Seizure.pdf DownloadThe Scars of Stop and Frisk. Tyquan Brehon’s Case. Retrieved fromhttps://www.nytimes.com/video/opinion/100000001601732/the-scars-of-stop-andfrisk.html [...]
You must have reviewed all of the material in this week’s folder. Clearly cite evidence from the textbook chapter (quotes and page #), lectures, and videos. This post should be substantive and 250 - 500 words. Create and subscribe to your own thread. The title should identify the Fourth or Fifth Amendement, whichever you chose to focus on to illustrate your points for the assigned questions. Focusing on whether society should emphasize the protection of society or the protection of individual rights, address these questions, keeping in mind the explanations of Justice O'Connor, the Constitution, and the experiences of Tyquan Brehon: Should the investigative and/or interrogation powers of the police be limited? Should illegally obtained evidence be admissible in court when it clearly relates to the guilt of the suspect? In other words, should an obviously guilty individual go free because of an error on the part of a police officer? Can consent to a search or interview ever be truly free and voluntary?