Page 57 - January 2020 IIssue new year

The Fourth Amendment Wthin the Criminal Justice System

Now it is clear to under- erty expressed under this concepts (6) including the

stand that part of the prob- Constitution. Here lays fourth amendment. Think-
lem is related to people’s the big problem; our Con- ing that the Constitution is
fear from the government stitution is the supreme struggling to survive the

intruding into their intima- law of the land (17) and advancements of technol-
cy and privacy. Privacy is the battle is now against ogy (22) and a vigilant

not explicitly stated in the it. The issue is whether law enforcement commu-
Constitution, but it was it will survive incom- nity with many concerns,
consecrated as an aspect ing challenges, or it will does not deny the fact that

of liberty through the due bend to the secret desires our Constitution can keep
process and equal protec- of apprehensive citizens pace with evolution.

tion clauses, it became and foreign nations. With
a fundamental right that an agitated world where Explaining the fourth
could include the freedom the progresses of technol- amendment, the chal-

of speech, economic rights ogy and knowledge (5) lenges it faces and the
and more. In Griswold v. are breaking traditions problems it creates in a

Connecticut (19) the court and submission we realize continuously changing
was justified to give pro- that countries are divided society is an endless topic
tection of the enumerated into multiple categories: A of discussion, it is impos-

rights through the fifth, category which considers sible to confine it. Every
fourteen and ninth amend- the American Constitution case would have differ-

ments. Opinions and ju- a model of inspiration, ent outcomes and alter-
diciary cases made it a another category that is ing decisions. In general,
custom. indifferent, far from being the exclusionary rule of

threatened by the free- the fourth amendment
Our young Constitution doms and liberties pro- is a way to exclude evi-

was thought not to last moted in it, while the last dence in trials when this
more than twenty years, category is the one who evidence is obtained il-
but time proved this fears change and wishes to legally by police officers

wrong and now the cur- see our constitution crum- and other law enforce-
rent revolts happening ble away. Unfortunately, ment agents. It elimi-

around the world such as we realize that part of nates incentives for the
the Arab spring and the the threat is created from government to violate the
Venezuelan crises (4), are within our nation and that amendment, but it also can

resonating with the princi- the Constitution is floun- serve a criminal to escape
ples of freedom and lib- dering to justify its own his sentence. Nowadays

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