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reply to this post One of the bills of rights that should be amended is the fourth one. The fourth amendment protects individuals against unreasonable
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One of the bills of rights that should be amended is the fourth one. The fourth amendment protects individuals against unreasonable searches and seizures (Sabato, 2008). The fourth amendment has been linked to some cases pending in court because of its complexity. The term that causes the complexity of the amendment is 'unreasonable.' It has been challenging to define what the word means, especially in related criminal cases. According to Sabato, the term 'unreasonable' limits the powers of the criminal justice system in conducting an investigation and apprehending offenders (2008). A reasonable search occurs when law enforcement has a reasonable suspicion to conduct an investigatory stop.
According to the United States constitution, any evidence collected by violating the fourth amendment is considered inadmissible under the exclusionary rule. The amendment hinders criminal investigations as law enforcement has to secure a search warrant only under probable cause. This has led to many criminals getting away with criminal offenses revealed by reasonable suspicion. The fourth amendment should be amended to accept crimes revealed through reasonable doubt even without a search warrant. Also, the amendment should be clear on what an unreasonable search is. A search should only be considered unreasonable if a law enforcement officer acts in bad faith. The fourth amendment should also be delinked from the exclusionary rule to simplify the many criminal cases and to curb crime in the United States
References
Bradley, C. M. (2010). Reconceiving the Fourth Amendment and the Exclusionary Rule. Law and Contemporary Problems, 73(3), 211-238.
Sabato, L. (2008). A More Perfect Constitution: Why the Constitution Must Be Revised: Ideas to Inspire a New Generation. Macmillan.
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