Fourth Amendment, Policies, and Society
Competencies Addressed in This Assignment
Competency 1: Describe how historical problems were managed in the evolution of the U.S. Constitution.
Competency 3: Explain the substantive and procedural interpretations of individual freedoms based on case analysis.
Competency 5: Communicate effectively in writing.
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:
Describe the type of search the framers of the Constitution prohibited through the Fourth Amendment.
Explain how prohibiting that type of search would address historical problems.
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 the HeinOnline legal research database 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.
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.
Be sure to review the Fourth Amendment, Policies, and Society Scoring Guide to ensure that you understand the criteria for this assignment.
Use the links provided in the Resources to help you complete the assignment.