Thursday, May 2, 2019

The Officer and the Drug Arrest


 The fourth amendment governs officer Jones actions.  The American Fourth Amendment offers protections to the citizen during searches as well as detections, preventing the use of unlawfully seized items from being used in the court as evidence against the individuals. I do not support the actions of Officer Jones on the basis that he used to form the probable does not meet the prescriptions of a valid anonymous tip.


 For the anonymous tip to be valid, it imperative that it meets the Aguilar-Spinelli test, encompasses the assessment of the underlying circumstances that the individuals relied on to as well as the issues that led to the informant concluding a crime had occurred (Kerr, 2013). The fact that these issues were not addressed before Officer Jones went to the citizen’s house implies that his actions were not valid.
His actions are against the constitution as they go against the fourth amendment which protects citizens from apprehension by the law enforcement officers as well as searches of places and items the individual has a legitimate expectation of privacy (Kerr, 2013).
By looking at the elements that make up the probable cause, it clear that some the actions undertaken by Officer Jones can be reviewed in the manner in which they satisfy the elements. The first issue is the fact that Officer Jones did not have specific knowledge of the facts and circumstances of the offense which makes his action unjustified. Secondly, there was no basis to authenticating the tip from the anonymous informant as there was no follow-up on the issue. The third element entails corroboration of the information; it becomes evident that the actions he took were not justified (Bowers, 2014).

References
Bowers, J. (2014). Probable Cause, Constitutional Reasonableness and the Unrecognized  Point of a'Pointless Indignity'.

Kerr, O. S. (2013). The Curious History of Fourth Amendment Searches. The Supreme     Court Review2012(1), 67-97.

Carolyn Morgan is the author of this paper. A senior editor at MeldaResearch.Com in custom research paper services. If you need a similar paper you can place your order from urgent essay writing service.

No comments:

Post a Comment

Political Essay in Colorado

Are you looking to order for Political Essay?  When you order with us,we assign your political essay to writers who have experience and are...