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Do some external research to locate two U.S. Supreme Court cases where the 4th Amendment and 5th Ame

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Running Head: FOURTH AND FIFTH AENDMENT CASE ISSUES IN SUPREME COURT 1
Fourth and Fifth Amendment Case Issues in Supreme Court
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FOURTH AND FIFTH AMENDMENT CASE ISSUES IN SUPREME COURT 2
Fourth and Fifth Amendment Case Issues in Supreme Court
Fourth Amendment Issue
In the case State v. Brown, the Wisconsin Supreme court is expected to examine the
legality of a traffic stop that began as a possible defective light and later led to charges of a felon
of possession of a firearm. The defendant, Brown was driving when the police, on suspicion of
his car having defective tail light, stopped him. After the police stopped Brown for fault lights,
they found a gun on the front seat of the car. This led to conviction of Brown of the charge of
having a firearm illegally. The court denied Brown’s motion to suppress the evidence obtained
due to illegal search. According to Brown, the tail light was 66 percent operational and had
proper working order. Therefore, the police should not have stopped him. The court determined
whether it is true that the tail right was in good working conditions at 66% operational and
whether the police were warranted to stop Brown (State bar of Wisconsin, 2013).
Brown, the defendant argues that the unwarranted such lead to the realization of the
firearm, which according to the fourth amendment it is unlawful. The fourth amendment limits
government practices and overaggressive law enforcement. The amendment makes sure that that
there are no unreasonable seizures and searches conducted on citizens by the police. Therefore,
Brown argues that, despite being charged with the possession of a firm arm, the court should
suppress his charges due to the manner in which the shotgun was found. According to the
Supreme Court charge, the police should not have stopped him because taillights were
functioning properly. The law does not require that the tail light be 100 percent operational. It is
true that the firearm was obtained due to an illegal search because the tail light was functioning
well according to the standards put by the governing policy; therefore, Brown’s sentence

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FOURTH AND FIFTH AMENDMENT CASE ISSUES IN SUPREME COURT 3
suppression was the right cause of action by the judge. That is according to my perspective since
the police broke the fourth amendment (State bar of Wisconsin, 2013).
Fifth Amendment Case
In the case Salinas v. Texas, two brothers were short dead at their home in Houston. In
the shooting, there were no witnesses; however, there were shotgun shell casings spread at the
scene. Salinas attended a party at the house where shooting happened the previous night, and
police invited him for questioning. The police interviewed him for an hour and Salinas agreed to
give them his shotgun for examination. However, when the police asked him whether his gun
would match with the shells at the shooting scene, Salinas went numb. He stopped talking, bit his
lip, shuffled his feet and began to tighten up. During the trial, the defendant did not testify.
However, the prosecutors mentioned the uncomfortable reaction of the defendant to the question
on his shotgun. According to Salina, this violated the Fifth Amendment, which gives the citizens
to remain silent. Salina had remained silent, and the Supreme Court had initially warned that
prosecutors cannot convict a person for keeping quiet. In the case, judges warned that one would
keep quiet on police investigation and questioning at their own peril, which goes against the fifth
amendment of the US (Garret, 2013).
In the Supreme Court’s case, Salinas v. Texas, the court said people would remain silent
at their peril. I do not agree with the ruling for obvious reason. The repercussions of not keeping
quiet to prosecutors are grave in certain cases. The Supreme Court held that it remains true
before one is arrested and when the police are asking general questions. The decision of the court
to cut off the right to remain silent is dangerous and wrong. This is because it encourages high
pressure questioning that can result to false confessions (Garret, 2013).

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Fourth and Fifth Amendment Case Issues in Supreme Court NameInstitutionFourth and Fifth Amendment Case Issues in Supreme Court Fourth Amendment IssueIn the case State v. Brown, the Wisconsin Supreme court is expected to examine the legality of a traffic stop that began as a possible defective light and later led to charges of a felon of possession of a firearm. The defendant, Brown was driving when the police, on suspicion of his car having defective tail light, stopped him. After the police stopped Brown for fault lights, they found a gun on the front seat of the car. This led to conviction of Brown of the charge of having a firearm illegally. The court denied Brown's motion to suppress the evidence obtained due to illegal search. According to Brown, the tail light was 66 percent operational and had proper working order. Therefore, the police should not have stopped him. The court determined whether it is true that the tail right was in good working conditions at 66% operational and whether the police were warranted to stop Brown (State bar of Wisconsin, 2013).Brown, the defendant argues that the unwarranted such lead to the realization of the firearm, which ...
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