Select one of the following clauses in the Constitutional Amendments: Unreasonable Searches Clause (4th Amendment) Double Jeopardy Clause (5th Amendment) Right to Counsel Clause (5th and 6th Amendment) Excessive Bail Clause (8th amendment) Write an essay of 1,250-1,500 words in which you delineate and analyze the various applications of specific provisions of the Bill of Rights to criminal procedure, of the clause you selected above

JUS-441 FIRST DRAFT

CHOSEN CLAUSE: Unreasonable Searches Clause (4th Amendment)

When you watch TV or a show on Netflix or any other streaming service, do you watch shows like Criminal Minds or Law & Order? Or are you the type who likes watching Crime documentaries? Whatever you watch, in reality, we have a law system that equally favors every citizen. Unreasonable searches and seizures are punishable by law if the person who committed it is found guilty. The clause that I chose for this essay is the 4th Amendment that covers the Unreasonable Search and Seizure proposed and passed by Congress on the 25th day of September 1789. This covers the rights of the people against unreasonable searches in their houses, documents, and other personal matters. Because of this, people would be protected from any of these acts and if there is not a Warrant of Arrest, the action will be deemed as a violation. The search must be supported by an Oath or an affirmation that includes the name of the person to be searched, the place, or the things to be seized. Although the Fourth Amendment protects the rights of the citizens in the United States, it does not guarantee against all searches and seizures. This depends on the case, if the person to be searched is proven to be guilty, this will automatically mean that the authorities have the right to search their place. For instance, the right to search someone depends on several factors that can point out reasonable leads like the person, the school (if the person is still schooling), home, workplace (if they are currently working/employed), and their vehicle.

If ever a person acts suspiciously, a uniformed officer like the local police or sheriff can intervene and question their unreasonable conduct. The officer can assume that there is a possibility that there is criminal activity happening, so they can ask that individual some questions and make reasonable inquiries that can either confirm or invalidate the officer's suspicions. If ever the suspect is a minor or is still schooling, the school officials must obtain a warrant before searching the student enrolled at their school. But if there is reasonable proof and under all circumstances, needed to be searched, searches are allowed. When it comes to the home of the suspect, there must be an issued search warrant or arrest warrant. This is usually done by uniformed police officers and is usually supported by valid evidence. For workplaces, the boss or somebody who is in charge of the person to be searched should be informed of any searches or investigations. Investigations can be done either by interviewing the suspect’s co-workers or asking them to give any information that can help the investigation. And finally, the only reasonable searches can be done in the vehicles owned by the suspect.

Although there are enacted laws that are already being practiced today, the criminal process is still in process. The National court and the State courts,  Judges, Lawyers, Lawmakers, and other professionals have been used to the law system and have been involved in it as well. One of the organizations or boards involved in the enactment of laws would be the American Law Institute which is in charge of the Model Code of Pre-Arrangement Procedure. With this type of model, laws have been advanced and been processed to reach a tentative draft.  In all criminal prosecution according to the court of the United States. First, all accused individuals have the right to an attorney and should be given the right to a speedy and public trial. The trial could either be by an impartial jury of the State and the district where the crime has been committed. Other than this, As a U.S. citizens, we can say that the Bill of Rights is a crucial component of the U.S. Constitution (Friendly, 1995). It was designed to ensure that all basic rights of its citizens are met and are not violated in any way. Originally, it consisted of 10 amendments but it was later on changed to 17 amendments in total. The major provisions encompassed in both the amendments and the Bill of Rights have had major impacts on the criminal justice system and its citizens.  These amendments include the fourth, fifth, sixth, eighth, and fourteenth amendments. All of these amendments ensure that people are treated fairly regardless of their gender, race, religion, etc. (Grabel, 2021). If a person is considered a suspect, they should undergo proper due process and be given the right to defend themselves.

I chose the Fourth Amendment for this essay because it is the one that I am most familiar with. It protects those who are suspected to have committed a crime against unreasonable searches and seizures. If the authorities would like to pursue a suspect, they should first obtain a legally approved search warrant or warrant of arrest. And for a warrant to be issued, a judge must first grant it and enter the suspect's property only to search for evidence. Although this specific bill protects all citizens, it also has certain negative implications on other aspects. For instance, citizens who are deemed to be "suspects", are allowed to protect their privacy against the police and other authorities. But for law enforcement, it can have a negative impact since if the individual is guilty and has committed a crime, they have enough time to dispose of any evidence that can potentially relate them to a crime that they have committed. It also allows them to falsify or fabricate evidence so that the authorities will be unable to link them to a crime. And because of this, the victims of the crime will not be given justice and the truth will be kept hidden.

In summary, there were many advancements in many fields of study including the law. Although the law system is deemed to be credible and solid, there are still some changes being made to adapt to the times. For example, the Bill of Rights was formally made up of 10 amendments, but now there are 17.  This is mainly because there are many changes and adjustments to society. Of course, different aspects of the world have to change too, just like the law. Among the amendments presented, I chose the Fourth Amendment because it’s a law that is commonly overlooked and not taken seriously. There are also many complexities to this amendment since there are positive and negative aspects related to this amendment. This led me to think and made me curious about how to weigh out both aspects. But other than this, the Bill of Rights is such a crucial factor of the United States’ law system. I think that this has given a chance to those who are under trial to undergo a fair trial. Not only with the Fourth Amendment, but also with the others included in the Bill of Rights. Therefore, any country’s law system should always consider those who are being accused and should never commit anything that can violate the authenticity of the due process. Along with this the suspects must also be given a good lawyer to defend them at court. It must be granted by the state where the charges on the suspect have been charged.

Just imagine if we didn't have any laws. Do you think we will be able to maintain peace and order? Of course not. Just like Lady Justice, we must put blindfolds on and assume that every single individual is the same and they should be each given the right to defend themselves.