3-2 ASSIGNMENT 1
3-2 Module Three Assignment
Ryan E. Hunt
Southern New Hampshire University
3-2 ASSIGNMENT 2
The amendment I have chosen to focus on is the Fourth Amendment. The Fourth
Amendment gives the people the right to be secure and protected against unreasonable and
unlawful search and seizures against their persons, papers, houses, and effects. This amendment
refers to search and seizures that could take place mainly from the police but goes for any
government agent. The amendment offers a sense of protection for one’s own property and the
right to decline a search, however it does have a few exceptions. For example, if there is enough
probable cause a judge could be petitioned to sign a search warrant and, in this case, consent
would not be needed.
The fourth amendment is there for a reason, and it is to protect the people and their
privacy. But this can also put a strain on law enforcement and the criminal justice system when it
comes to gathering and collecting evidence. If law enforcement does not have enough probable
cause to search a possible suspect or their home, they would need to bring it to a judge to get a
signed search warrant before proceeding any further and this can take some time to get. Even if it
done rather quickly this still gives the suspect a heads up and gives them time to get rid of or
destroy evidence which can derail an investigation and ultimately ruin a case. Because of the
exclusionary rule, meaning illegally obtained evidence cannot be used against the person, the
police must be very careful about legally obtaining their information and evidence.
One scenario where the fourth amendment could restrict government officials could be a
situation where a child has been kidnapped and an individual has them in their home. I remember
a case similar to this near my home and because of the fourth amendment the individual accused
did not have to give consent to a search, so the police had to get a search warrant. This was an
example of a case where the child could have been saved much sooner but unfortunately they did
not have enough probable cause to enter the home without a warrant.
3-2 ASSIGNMENT 3
References:
Peak, K. J., Madensen, T. D. (2017). Southern New Hampshire University: Introduction to
Criminal Justice: Practice and Process Interactive eBook, 3rd Edition. [VitalSource Bookshelf
10.3.2]. Retrieved from vbk://9781071856239
