3 pg paper on 4th Amendment, policies and society

User Generated

Naanoryy1983

Business Finance

Description

Ne plagiarism and references are mandatory. Hit the distinguished marks on the scoring guide please and use my text book. Case Law references will be mandatory.

Assignment Description

Understanding the foundation of Fourth Amendment protections will help you understand how the interpretation and line-drawing has changed over time to reflect public policy and changes in society. Prepare a 3-page paper, citing a minimum of three academically verified references and addressing the following points:

  1. Describe the type of search the framers of the Constitution prohibited through the Fourth Amendment....page 278 of my text (online version)
  2. Explain how prohibiting that type of search would address historical problems.
  3. Fast-forwarding to today, you are a police officer getting ready to request a search warrant for an apartment suspected to contain illegal drugs. You know that warrants are generally issued with a knock-and-announce requirement. You are concerned that the occupants will destroy the evidence, and you have heard that some judges will give police a no-knock warrant authorizing officers to enter certain premises without first knocking and announcing their presence or purpose. Using Lexis research for your state, locate one case that provides insight into whether this type of warrant should be requested, and apply the case to the determination by reaching a supported conclusion.
  4. Assume the warrant was requested. Upon arrival you look in the window and see that the drugs are in plain view near the front door, out of reach of any of the occupants. Determine whether you should ignore this new information and enter without announcing. Cite one case from your state to support your position.
  5. Requirements

    • Written communication: Must be free of errors that detract from the overall message.
    • Resources and citations: Format according to APA guidelines.
    • Required page count: Three, not including the title page or the references page.
    • Required number of references: A minimum of three.
    • Font and font size: Times New Roman, 12 point.

Scoring Guide

Criteria Non-performance Basic Proficient Distinguished
Describe the type of search the framers of the Constitution prohibited through the Fourth Amendment.
22%
Does not describe the type of search the framers of the Constitution prohibited through the Fourth Amendment. Partially describe the type of search the framers of the Constitution prohibited through the Fourth Amendment but misses some important points. Describes the type of search the framers of the Constitution prohibited through the Fourth Amendment. Describes the type of search the framers of the Constitution prohibited through the Fourth Amendment and supports the description with resources.
Explain how the type of search the framers of the Constitution prohibited through the Fourth Amendment would address historical problems.
23%
Does not explain how the type of search the framers of the Constitution prohibited through the Fourth Amendment would address historical problems. Describes how the type of search the framers of the Constitution prohibited through the Fourth Amendment addresses some historical problems. Explains how the type of search the framers of the Constitution prohibited through the Fourth Amendment would address historical problems. Analyzes how the type of search the framers of the Constitution prohibited through the Fourth Amendment did address historical problems.
Apply case law to the scenario to determine whether a no-knock warrant should be requested.
23%
Does not apply case law to the scenario to determine whether a no-knock warrant should be requested. Discusses case law but does not apply the discussion to the scenario to determine whether a no-knock warrant should be requested. Applies case law to the scenario to determine whether a no-knock warrant should be requested. Analyzes case law to the scenario to determine whether a no-knock warrant should be requested and supports the application with resources.
Determine whether subsequent information should be ignored and entry should be made without announcing, based on case law analysis.
22%
Does not determine whether subsequent information should be ignored and entry should be made without announcing, based on case law analysis. Addresses whether subsequent information should be ignored and entry should be made without announcing but does not make the connection to case law analysis. Determines whether subsequent information should be ignored and entry should be made without announcing, based on case law analysis. Determines whether subsequent information should be ignored and entry should be made without announcing, based on case law analysis, and supports the determination with resources.
Communicate effectively in writing.
10%
Does not communicate effectively in writing. Communicates in writing in a manner that is not fully articulate in form, format, or content. Communicates effectively in writing. Communicates effectively in writing in form, format, and content throughout the entire submission.


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Explanation & Answer

Attached.

Running head: FOURTH AMENDMENT POLICIES AND SOCIETY

Fourth Amendment Policies and Society
Name
Institution

1

FOURTH AMENDMENT POLICIES AND SOCIETY

2

Fourth Amendment Policies and Society
The Fourth Amendment of the U.S Constitution was promulgated as the regulation of
unwarranted search and seizures by agents of the government. While this amendment continues
to drive debate among constitutional law scholar regarding the practices that it was designed to
regulate and the legality of this control, the issue for contemporary analyst have always been the
intent of the framers of this section of the constitution. Also, this knowledge is required for
ensuring the practical application of the principles of the amendment in an era where the
dynamics of society and the elements of law enforcement have evolved tremendously. Therefore,
it is pertinent to examine the aspects of the Fourth Amendment through the historical lens with
the goal of using that information to develop procedures that law enforcement agencies can
utilize for effective policing of the system.
One of the ways to gain insights into the intents of the framers of the Fourth Amendment
is to analyze the content of its scope on search and seizure. The Fourth Amendment states thus
"the right of the people...


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