The Fourth amendment

The Fourth amendment

The Fourth amendment

This refers to an amendment to the United States constitution that disallows arbitrary search and seizures. It emphasizes that any warrants should be backed by probable cause and must be acquired from a judge. According to the exclusionary rule that was established in 1914 in weeks vs. United States, any evidence which has been acquired through a process that violates the fourth amendment is to be considered inadmissible before the court during criminal trials (La Fave, 1987). The rule also extends to any evidence that may be recovered later but as a result of an illegal search.

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The warrant should not have been issued based on this information that was acquired in an unlawful manner and without a valid search warrant. So the basis of the whole case by the police was collected from a ‘poisoned source’ and as such should not be admissible in court. With this in mind, then the charges against Johnny are based on an illegality and a contravention of his fourth amendment rights.

Amsterdam, A. G. (1973). Perspectives on the Fourth Amendment. Minn. L. Rev., 58, 349.
LaFave, W. R. (1987). Search and seizure: a treatise on the Fourth Amendment (pp. 515-27). St. Paul: West.

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