Page 54 - January 2020 IIssue new year
P. 54

Elite Investigative Journal
        The Fourth Amendment Wthin the Criminal Justice System, pg 54-63
        ©2014-2020  SYT Global, Inc.
                 The Fourth Amendment Within the                                                                        B


                                                                                                                        R
                               Criminal Justice System                                                                  O

                                                                                                                        W
                                                                                                                        A
                                                                                 By Nadine Elkhoury                     R

                                                                                                                        D



                                                                                                                        U
                                                                                                                        N
                                                                                                                        I

                                                                                                                        V
                                                                                                                        E

                                                                                                                        R
                                                                                                                        S
                                                                                                                        I

        Photo Courtesy of google.com                                                                                    T
                                                                                                                        Y
        In a turmoiled era where             effects, against unreason-           To reach a plausible an-

        the law enforcement com-             able searches and seizures,  swer to our inquiry we                        2
        munity is vulnerable more  shall not be violated, and                     should step back, look at             0

        than ever (1), we ask our-           no warrants shall issue,             the big picture then ob-
        selves where lies the prob- but upon probable cause,                      serve the background and              2
        lem and how is the fourth  supported by oath or af-                       the circumstances that                0

        amendment related to it?             firmation, and particularly  led to the creation of the
                                             describing the place to be           fourth amendment.

        The fourth amendment                 searched, and the persons
        is only part of the issue            or things to be seized.”(2)  A brief review of the his-
        and before getting into              It is very important to              tory behind the emergence

        the specifics let’s read the  pay attention to the word-                  of the United States of
        article in its original lan-         ing, because certain texts           America, its conception,

        guage:                               eliminated terms such as             the establishment of its
        “The right of the people             “things” (3) which can               principles and the Consti-
        to be secure in their per-           make a big difference in             tution (21), will help us

        sons, houses, papers, and            legal matters.                       understand what the pur-


    54
   49   50   51   52   53   54   55   56   57   58   59