Tag Archives: Fourth Amendment

Essays on the Fourth and Fifth Amendment

“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 be issued, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched, and the person or things to be seized.” […]

Exclusionary Rule Policy

Rule of Exclusion Policy In this document, a detailed assessment of the Rule of Exclusion will be presented. This includes the exclusivity rule’s underlying rationale, purpose, and the four basic exceptions to the exclusivity rule, such as the independent source, inevitable discovery, attenuation, and good faith exception. In addition, the major advantages and disadvantages of […]

Exceptions to the Warrant Requirement of the Fourth Amendment

The Fourth Amendment of the United States Constitution requires that no search or seizure shall be carried out unless a warrant has been issued. While that is a wonderful right to give to citizens, in reality, it is not always possible. Over the years the Supreme Court of the United States has come to that […]

Criminal Court Cases: An Explanation of Whren V. United States

On June 10, 1993 the petitioners Michael A. Whren and James L. Brown were seen stopped at an intersection in a known “high drug area” for a suspicious amount of time. Police officers patrolling the area observed the truck at the intersection as well as the subsequent traffic violation that occurred minutes later when Michael […]

Due Process Versus Crime Control

Since the beginning of the nineteenth century, our justice system has vacillated between two distinct models. While both models seek to reduce crime, they differ in their approach. These two crime models were introduced by Herbert L. Packer. He described the two justice models as the “due process model” and the “crime control model. These […]