Page 60 - January 2020 IIssue new year
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The Fourth Amendment Wthin the Criminal Justice System

        informants or a continuum  A Cornell Law study (9)                        to the letter with each le-

        of contacts. under Crimi-            stated about the fourth              gal definition, since codes
        nal justice studies, we              amendment the following: are fixed and have a long
        know that the law enforce- Primarily it is designed to  shelf life, the same rigid

        ment community gather                “secure from unreasonable  meaning can be applied to
        information before acting            searches and seizures of             different circumstances.

        unless there is an exigent           property by the govern-              The Common Law system
        necessity to react imme-             ment.  It protects against           is different, jurisprudence
        diately (27). Law enforce-           arbitrary arrests, and is the  and precedents prevail but

        ment agents can whether              basis of the law re-
        be active or proactive de-           garding search war-

        pending on whether there             rants, stop-and-frisk,
        is a criminal investigation  safety inspections,
        or a criminal intelligence           wiretaps, and other

        situation (10). A crimi-             forms of surveil-
        nal intelligence situation           lance, as well as be-

        might involve informants             ing central to many
        and here the doubt is high- other criminal law
        er and can lead to unrea-            topics and to privacy

        sonable searches, which              law.”
        mean putting agents under  I am not going to

        liability. Informants (11)           tackle or repeat all
        can misunderstand, have              the same exceptions
        a partial part of a story            (18) out there; I

        or even be biased. When              would rather make a                                                Photo Courtesy of google.com
        criminal investigations              quasi-new analysis.                  can evolve with the chang-

        and criminal intelligence            One of my arguments                  es of facts and circum-
        are conducted, risks to              would be attributed to the  stances that are distinctive
        hurt someone’s reputation  terms “Their” and “Hous-                       to each case. The common

        or privacy can have an im- es”. After analyzing many  law system assures more
        pact on his or her privacy           manuscripts, I noticed that  flexibility since interpre-

        rights.                              few were the ones that               tation of the law evolve
                                             focused on the legal ter-            with every generation of
        Search, arrest warrants              minology of these words.             judges and the changes of

        and their exceptions.                Having knowledge of the              circumstances. If we were
                                             civil law system I can go            to take literally the defini-


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