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Fourth Amedment

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The Fourth Amendment: Search and Seizure
Erek Anderson, Rachel Coen, Lawana Garfias, Malerie Gomez,
Nicholas Tellez & Sara Ungerer
CJA/364
February 16, 2015
Instructor: Bobby Kemp

Search and Seizure
Search and seizures are highly debated topics in the United States. Stop and frisk, automobile searches and border searches all fall within the guidelines of the Fourth Amendment. Discussed in this paper will be what reasonable searches, seizures and arrests are and how they are applied. Also to be discussed is whether probable cause is needed during warrantless searches and how the right to privacy is weighed. Finally, this paper will discuss how America’s borders are being protected by the Fourth Amendment, and what exceptions to the rule are necessary to protect America’s security interests.
Stop-and-Frisk
The definition of a “stop and frisk” is when the police temporarily detain a person and “pat down” their outer clothing if a law enforcement officer believes a suspect is armed and dangerous (Center for Public Education, 2015). For example, if a person is observed walking back and forth in front of jewelry store, meets another person around the corner from the store, and an officer observes one person handing the other person something which they put into their jacket. The officer can stop and frisk that suspect because they will have a reasonable suspicion that the suspects could be armed, and are possibly going to commit a crime. A frisk, by definition, is a type of search that requires an officer to have a lawful reason to stop and search (Center for Public Education, 2015). When an officer is going to frisk a person, it cannot be for any other reason than to look for and protect themselves from a person carrying a dangerous weapon, such as a gun or knife.
When discussing searches and seizures, privacy and reasonableness are concerning issues. In…...

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