The Fourth Constitutional Amendment in America Student Name Institution The Fourth Constitutional Amendment in America Introduction According to the United States law warrantless searches involve the act of searching a person’s body or his property by the law enforcement personnel who are the searchers without acquiring of a search warrant. When the police arrest a defendant they take away his or her fundamental right to freedom. However there exist several procedures that the police must follow to make a lawful arrest so that human rights remain protected. The fourth constitutional amendment of the United States tends to protect citizens against any unreasonable searches located in public areas are not at any point protected by the Fourth Amendment in regards to unreasonable searches as well as seizures (Carmen 2013). Therefore they can easily be taken by a given officer without a need for a warrant or a particular probable cause. Since the fourth amendment tends to protect only houses and papers Jones actions were justified according to the doctrine because the Open fields do not come under houses. References Del Carmen R. V. (2013). Criminal procedure: Law and practice. Cengage Learning. Mason A. T. & Stephenson G. (2015). American constitutional law: introductory essays and selected cases. Routledge. [...]
Officer Jones asked the neighborhood’s regular trash collector to put the content of the defendant’s garbage that was left on the curb in plastic bags and to turn over the bags to him at the end of the day. The trash collector did as the officer asked in order to not mix the garbage once he collected the defendant’s garbage. The officer searched through the garbage and found items indicative of narcotics use. The officer then recited the information that was obtained from the trash in an affidavit in support of a warrant to search the defendant’s home. The officer encountered the defendant at the house later that day upon execution of the warrant. The officer found quantities of cocaine and marijuana during the search and arrested the defendant on felony narcotics charges. Write a one to two (1-2) page paper in which you: Identify the constitutional amendment that would govern Officer Jones’ actions. Analyze the validity and constitutionality of officer’s Jones’ actions. Discuss if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches. Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources. Your assignment must follow these formatting requirements: Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions. Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. The specific course learning outcomes associated with this assignment are: Research and analyze procedures governing the process of arrest through trial. Critically debate the Constitutional safeguards of key Amendments with specific attention to the 4th, 5th, 6th, and 14th Amendments. Describe the difference between searchers, warrantless searches, and stops. Write clearly and concisely about the criminal procedure using proper writing mechanics.