4th Amendment Research Paper

Amendments An amendment is defined as, “the process of altering or amending a law or document (such as a constitution) by parliamentary or constitutional procedure (“Definition of AMENDMENT,” 2019).” The Constitution of the United States contains twenty-seven different amendments. The first ten of these amendments are known as the Bill of Rights. The Bill of Rights is 1. religion, speech, press, assembly, petition, 2. right to bear arms, 3. quartering of troops, 4. search and seizure, 5. grand jury, double-jeopardy, self-incrimination, due process, 6. criminal prosecutions, 7. Common law suits, 8. excess bail or fines, cruel or unusual punishment, 9. non-enumerated rights, and 10. Rights reserved to the state or people. Amendments were made …show more content…
These specific amendments were made to ensure that individuals who commit or are suspected of committing a crime are treated fairly and equally. The Fourth Amendment Every day a law enforcement officer is working, they are more than likely to encounter the Fourth Amendment. The Fourth Amendment protects people from unreasonable searches and seizures without a warrant. This allows protection over people’s homes and the items that are within their homes or other property. If a police officer is on suspicion that someone committed or was related to a crime, there must be a warrant involved. Some searches do not include warrants, such as consent searches and exigent circumstances. It is important to abide by the Fourth Amendment because, if not, the evidence is not able to be used in criminal proceedings. This is known as the exclusion rule. The exclusionary rule, “.prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment (Cornell Law School, n.d.).” Therefore, it is important for officers to have a warrant when necessary to protect individuals’ rights and may things go smoother in the …show more content…
The grand jury and indictment part states that “before someone can be tried for a serious offense, a grand jury must review the evidence and decide whether there’s enough reason to proceed with a trial (“Due Process and the Rights of Criminal Defendants: Overview,” n.d.).” Double jeopardy makes sure that an individual can not be charged with the same offense twice. Self-incrimination, also known as “the right to remain silent”, ensures that a person does not have to testify against themselves in court. Due process allows fairness and protection by not allowing individuals to be deprived of life or property without a legal reason. Lastly, just compensation means the government can’t use private property for public property unless compensation is involved. In summary, “.the Fifth Amendment safeguards fundamental rights in the criminal justice system, ensuring fairness, protection against self-incrimination, and due process.” The Sixth Amendment The Sixth Amendment is also important in the criminal justice and court system. The Sixth Amendment allows a defendant to have a trial that is judged by a

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