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Sunday 31 March 2013

Defining Unreasonable

Defining Unreasonable

The right of the people to be firm in their persons, houses, papers, and effects, against unreasonable hunt clubes and seizures, shall not be violated, and no Warrants shall issue, further upon probable cause, supported by Oath or affirmation, and curiously describing the place to be searched, and the persons or things to be seized. The Fourth Amendment of the fall in States Constitution promises we, the people, the security and privacy of our personal property. Under this right, neither our homes nor automobiles can be searched without a signed warrant or probable cause. In its simplest form, this seems to be clearly defined. But as a result of the War on Drugs (skyrocketing incarceration rates, chiefly due to drug crimes,) a serious question has begun to create from raw stuff; what is to be determined probable cause? At the approximately basic level, an odor of marijuana coming from a vehicle, or plain view of possession of narcotics would be a sensible, excusable cause for search and seizure. However, since the declaration of the War on Drugs, uprightness enforcement agencies have begun to use routine traffic stops as a method of pretext for conducting an otherwise ludicrous search of ones personal property.

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Stopping at a stop sign for a suspiciously long time, impuissance to use a turning signal for the proper numerate of time, or making a turn at an unusually high speed(Alexander) are all acceptable reasons to present a traffic stop.
Such were the circumstances in the June 1993 human face of Whren v. United States, which was summarized in an article by the Cornell University College of Law. In the case, African American brothers Michael Whren and James Brown were pulled over by an overlooked police cruiser. When the police car executed a U turn in order to head back toward the truck, the spotter turned suddenly to its right, without signaling, and sped off at an unreasonable speed. (law.cornell.edu) Upon go up the vehicle, the officer evidently witnessed, in...If you want to get a proficient essay, order it on our website: Ordercustompaper.com



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