Final Draft- Criminal Procedure and the Bill of Rights.docx...

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Running head: FIRST DRAFT- CRIMINAL PROCEDURE AND THE BILL OF RIGHTSFirst Draft- Criminal Procedure and the Bill of RightsKayla GoodGrand Canyon University: JUS- 441March 27, 2020,1
FIRST DRAFT- CRIMINAL PROCEDURE AND THE BILL OF RIGHTSThe Founding Fathers’ established the Bill of Rights with specific interests in mind toprotect the citizens of this country. The laws and rights that the Founding Fathers’ included in theBill of Rights have given the government the guidelines and boundaries they need to follow notto violate the rights of the people. The amendments and criminal procedures that are a part of theBill of Rights help our justice system and court system run effectively and efficiently and protecteveryone involved. These rights also ensure that things are impartially done and with the bestinterest of the people in mind. One of those rights is the Fourth Amendment that protects peoplefrom unreasonable searches. The Constitution and Bill of Rights are something that will foreverbe an essential aspect of criminal procedures. The following paper will go over the rationale theFounding Fathers’ had for including the Fourth Amendment clause in the Bill of Rights, theinterpretation of the Fourth Amendment by the court system, how the Fourth Amendment isapplied today, and case examples of the Fourth Amendment.Unreasonable Searches Clause (Fourth Amendment)The Fourth Amendment prohibits unreasonable searches and seizures (Sched II, 2015, p.34). The search of homes, papers, effects, and persons are all protected under the FourthAmendment. For the Government to conduct search and seizures, the courts must issue a searchwarrant, and without a search warrant, they need probable cause. “The concept of a FourthAmendment “search” is important to both law enforcement officers and the citizens they maysurveil” (Tokson, 2019, p. 1). The Founding Fathers’ created this Amendment to prevent thegovernment and police officers from abusing the power they have and mistreating people withsearching them against their will. Unreasonably searching and seizing property is intruding onthe privacy of people, and the Fourth Amendment protects those rights.2
FIRST DRAFT- CRIMINAL PROCEDURE AND THE BILL OF RIGHTSFounding Fathers’ Rationale for Including the Fourth AmendmentThe Founding Fathers came together and fought for independence from Great Britain;they also united the thirteen colonies in the process. They created the Bill of Rights and theConstitution to establish the Government that America needed. The rationale the FoundingFathers’ had for including the Fourth Amendment in the Bill of Rights was to give people therights they did not have regarding the privacy they deserved. Patrick Henry, who was one of theFounding Fathers’ chiefly influenced, including the Fourth Amendment in the Bill of Rights(Ettinger, 2018, p. 17). Looking back over history in the English Government, the FoundingFathers’ wanted to change that history. The English Government used what was known as the

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Term
Spring
Professor
CHRIS LOEFFLER
Tags
Fourth Amendment to the United States Constitution, United States Supreme Court, Mapp v Ohio, New Jersey v T L O,

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