1
Fourth Amendment Application, the "Case of the Bad Boyfriend"
Applied Constitutional Law CRJ 310
University of Arizona Global Campus
, 2
Introduction
The Fourth Amendment to the United States Constitution reads; “The right of the people to
be secure in their persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place to be searched, and the
persons or things to be seized”, (Congress.gov, 1791).The law enforcement officers working
the streets, both patrol and the detective have a very difficult job and one of the requirements
is that they
must be able to think on their feet as they navigate their duty through the often times murky legal
system. The Fourth Amendment, as stated above, is the roadmap to which all law enforcement
must abide, and case precedents are the speed bumps are the arbiter of their actions. The Fourth
Amendment demands an effective deterrent to unreasonable search and seizure. The Fourth
Amendment is the great protector of the right to unwarranted search and seizure.
Define probable cause and its relationship to determining the legality of a search
In Brinegar v. United States in 1949, The United States Supreme Court stated in its
decision that, “probable cause is the facts and circumstances within the officers’ knowledge and
of which they had reasonably trustworthy information and are sufficient in themselves to
warrant a man of reasonable caution in the belief that an offense has been or is being
committed” (Legal Information Institute, 1949). Probable cause is the first line of defense law
enforcement must cross if they are going to make sure a search or seizure is unquestionable,
otherwise all is for nought. An example is when an officer of the law sees a car traveling on a
roadway at two in the morning, with its high beams activated. After several attempts by other
drivers and the police officer the driver fails to dim their headlights to oncoming vehicles. The
police officer gets behind the vehicle Now we know by the driver’s manuals of every state says
you must dim your
Fourth Amendment Application, the "Case of the Bad Boyfriend"
Applied Constitutional Law CRJ 310
University of Arizona Global Campus
, 2
Introduction
The Fourth Amendment to the United States Constitution reads; “The right of the people to
be secure in their persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place to be searched, and the
persons or things to be seized”, (Congress.gov, 1791).The law enforcement officers working
the streets, both patrol and the detective have a very difficult job and one of the requirements
is that they
must be able to think on their feet as they navigate their duty through the often times murky legal
system. The Fourth Amendment, as stated above, is the roadmap to which all law enforcement
must abide, and case precedents are the speed bumps are the arbiter of their actions. The Fourth
Amendment demands an effective deterrent to unreasonable search and seizure. The Fourth
Amendment is the great protector of the right to unwarranted search and seizure.
Define probable cause and its relationship to determining the legality of a search
In Brinegar v. United States in 1949, The United States Supreme Court stated in its
decision that, “probable cause is the facts and circumstances within the officers’ knowledge and
of which they had reasonably trustworthy information and are sufficient in themselves to
warrant a man of reasonable caution in the belief that an offense has been or is being
committed” (Legal Information Institute, 1949). Probable cause is the first line of defense law
enforcement must cross if they are going to make sure a search or seizure is unquestionable,
otherwise all is for nought. An example is when an officer of the law sees a car traveling on a
roadway at two in the morning, with its high beams activated. After several attempts by other
drivers and the police officer the driver fails to dim their headlights to oncoming vehicles. The
police officer gets behind the vehicle Now we know by the driver’s manuals of every state says
you must dim your
