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Amendment Essay

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Amendment Essay Jake Russell AJS/503 Intro to Graduate Study in Criminal Justice
April 11 2015

Many law enforcement officers have been accused of illegal searches and seizing property for evidence illegally with no probable cause. That is unconstitutional according to the fourth amendment. The fourth amendment protectects the right of the people to be secure in their homes, cars, any personal belongings, and no warrant can be issued without probable cause. That means an officer can't just infiltrate your home because he thinks some drugs are inside. Him/Her will need sufficient reason based on facts known to believe a crime has been committed or that certain property is connected with some illegal activity. In an New York Times article Newark, New Jersey has had several instances of unlawful practices and illegal stops and searches by police officers. To deal with these problems a proposal to have officers wear cameras and also make some changes to individual department policies on search and seizures has been made. The justice department revealed a document stating that seventy­five percent of people stopped was without probable cause, and the majority people stopped by the police were minorities. Even the property seized unjustified such as drugs and firearms was gone unreported. The fourth amendment was created just for this issue. Some officers take too much authority in their own hands and go against the constitution. In an article by NJ.com officers in
Passiac County, New Jersey executed the correct way of a legal search after search warrant was issued. A man by the name of Mariusz Cebula was home when police came to his residence to serve him with a restraining order. When serving the man with the restraining order officers search his home due to a criminal complaint. During the search police found a hidden bunker in a lower basement and they found an assault firearm believed to be a machine gun
Uzzi. Machine guns are illegal. Any gun that can be fired multiple shots with a single pull of the trigger is against the law. Police also found multiple other weapons with serial numbers missing and also a silencer. Cebula could face up to a fine of $250.00 or up to 10 years in prison.
Securing the warrant was the major key to the arrest. What led them to the search was the restraining order the police officers had to serve. He had a criminal complaint that led them to the search where they discovered the hidden weapons below the home located in a bunker. If police would have seized any of that property without the warrant then any of the evidence found would have had to be dismissed from the court. Police can lose a case for the District
Attorney making a decision that is unlawful for seizing any property without probable cause.
Police can also be subject to a lawsuit for discriminating or racial profiling someone to conduct a search. The Fourth Amendment was added to the Bill of Rights on December 15 1791. I feel this amendment is very important to the people. Our country is a democracy where the people have a voice in our government decisions. This amendment protects officers from trying to be above the law and go against the constitution.

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