Crim Pro 4th Ammd (E.M.,2022)
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Criminal Procedure and the Bill of Rights Edgar Moreno
College of Humanities and Social Sciences, Grand Canyon University
JUS:441 Prof. Gardner
September 18, 2022
Criminal Procedure and the Bill of Rights When the Founding Fathers came together to establish the Constitution and the Bill of Rights, they had to carefully consider all the potential problems that this new, developing country
would encounter and come up with solutions to safeguard its citizens. Both of these documents contribute to the efficient and effective operation of the American justice system we see today. There are twenty-seven constitutional rights provided today, within the initial ten transcribed into
the bill of rights four of them discuss the American Justice system. The first of those rights is the Fourth Amendment's Unreasonable Searches Clause (Maclin & Mirabella, 2011).
What is the Fourth? The Fourth Amendment applies to both the and their property. It can be used to protect someone's property. In short the the 4th amendments obligates officers to utilize legal channels in
effort to to protect an individual property. This is enforced as officers cannot legally search an individual's person or property without a warrant (USCourts,n.d). A few examples of scenarios that interact with the amendment would be when an officer stops an individual on the street, conducts a physical pat-down search of their person, or enters their home, or place of business (USCourts, n.d.). A person's right to privacy is a huge concern in todays society especially with the various ways one’s privacy can be violated,. If a circumstance occurs in which the Fourth Amendment is violated, a hearing will be held as part of a legal proceeding to determine whether
a previous search was lawful or not. If this takes place, a judge will determine whether the search
and seizure were legitimate(Scheb, 2014). If there is no additional evidence to retain the defendant, he or she can be allowed to leave if it was not warranted. Due to the 4th amendment application being common, The Courts have created several exceptions to its application in order
to further safeguard individuals and the officers enforcing such laws. In regards to home search exceptions, an individual's consent to search allows officers to search until consent is withdrawn (Davis v. U.S., 328 U.S.582, 1946). The stop and Frisk protocol was established in Terry v. Ohio,
392 U.S. 1 (1968) and many more.
Why the Fourth Amendment Exists The Founding Fathers made the decision that they did not want to frame their country and
its government in a manner that was overbearing and engaged in searches and seizures that infringed everyone's privacy. They want a nation where everyone enjoys their rights and does not
fear the authorities. The Fourth Amendment was included by the Founding Fathers because of this philosophy. Mass arrests in the colonies were a common problem before the Bill of Rights was created (Maclin & Mirabella, 2011, p. 1053). The fact that anyone may be questioned or searched at any time incited uproar. The country's founders did not want it to be run that way because they foresaw the possible hurt and violence that may result from continuing with daily life as it was. The Fourth Amendment was written by the country's founders as a response to the Fourth Amendment's failure to prevent invasions of privacy. Citizens are shielded by the Fourth Amendment from arbitrary police and other government authorities' searches and seizures (Scheb, 2014). This can apply to vehicles, houses, people, and other personal items. As a result of similar amendments that some states had already incorporated into their state constitutions, the
authors of the Bill of Rights felt pressure to include a national amendment that would protect all citizens rather than just those who resided in certain states (Maclin & Mirabella, 2011). The nation's residents were to be protected, and the country was to be made one that would prosper. They realized that the success of the nation depended on the wellbeing of its citizens. The nation might fall apart if its citizens were in pain and unhappy with the leadership. To avoid backlash,
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the populace must be pleased and satisfied with the way the government is governing the nation. The Fathers understood that even while speech, religion, and other freedoms were guaranteed, those freedoms would mean nothing if the basic right to privacy was being violated at random.
4
th
Amendment Case Law
As mentioned earlier the Fourth Amendment has been contested in a vast number of court cases. Mapp v. Ohio (1961) and Fernandez v. California (2014) are two other cases that apply heavily into the utilization of the 4
th
. There are many significant cases, but these two are somewhat complex. The police had previously visited Mapp's residence to look into information they had been given, regarding a bombing suspect (Mapp at 644). The police officers were initially refused entry into Mapp's house because they lacked a warrant when they arrived. A few hours later, the police officers returned and forced their way inside to begin looking for the suspect. They searched and came across sexually graphic material, but they were unable to locate
the bombing suspect (Mapp at 645). Then Mapp was detained and put on trial. His guilt was determined by the Ohio appellate court. Soon later, Mapp asked the Supreme Court to review the
case and overturn the judgment. The Fourth Amendment rights of Mapp were infringed by the evidence that was allowed; hence the Supreme Court pronounced her innocent (Mapp v. Ohio, 367 U.S. 643 (1961). In addition to lacking a warrant, the officers lacked sufficient reason to search for that kind of material. The police officers had come to look for someone. In a trunk, the
evidence against Mapp was discovered. It was not likely that the suspect could fit in the trunk, thus making the police's search of the trunk was unreasonable because they had no justification to do so (Mapp v. Ohio, 367 U.S. 643 (1961). The initial judgment was upheld by the Supreme Court in Fernandez v. California (2014).
Abel Lopez identified Walter Fernandez as the perpetrator of the assault and robbery in
Fernandez v. California (2014). After the attack, Lopez called the police, and they quickly arrived at his home (Fernandez v. California, 571 U.S. 292 (2014).. Witnesses provided the location of Fernandez to the police, who proceeded to a nearby alley to look for him. Roxanne Rojas answered the door when the police knocked. Fernandez refused to let them into Rojas' house. Following Fernandez's arrest, the police returned to Rojas' flat and were granted access to search the property. A knife, a gun, and gang memorabilia were discovered by the cops (Fernandez at 296). Fernandez filed a motion to suppress the evidence as a result of the illegal search. He lost his appeal, and robbery was determined to be his crime. The Supreme Court voted 6-3 on the issue after hearing the case. Rojas was present to grant them admission to the home despite having previously denied it, so the Supreme Court determined that Fernandez's Fourth Amendment rights were not infringed (Fernandez at 309). The Supreme Court agreed with the police by stating the warrantless search was to be upheld on the grounds that Rojas was the apartment's owner and that, with the owner's consent, no violation occurs as trespassing was never at play (Fernandez v. California, 571 U.S. 292 (2014).
Without the Fourth Amendment, the police and other governmental entities would be free
to conduct whatever kind of search they deemed fit. The Fourth Amendment guarantees citizens' right to privacy while preventing the government from becoming oppressive. Without it, tyranny might result if the government grows too strong. The populace would agitate, and another revolution might occur. The Fourth Amendment preserves tranquility.
References
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Fernandez v. California, 571 U.S. 292 (2014).
Maclin, T., & Mirabella, J. (2011). The Fourth Amendment: Origins and Original Meaning.
Michigan Law Review, 6, 1049. https://lopes.idm.oclc.org/loginurl=https://search.ebscohost.com/login.aspxdirect=true&d
b=edsgao&AN=edsgcl.254186686&site=eds-
live&scope=site&custid=s8333196&groupi=main&profile=eds1
Mapp v. Ohio, 367 U.S. 643 (1961). Scheb, J., II. (2014). Criminal procedure (7th ed.). Boston, MA: Cengage Learning. http://www.gcumedia.com/digital-resources/cengage/2014/criminal-
procedure_ebook_7e.php
What Does the Fourth Amendment Mean? United States Courts. https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-
outreach/activity-resources/what-does-0.