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The Constitution and Search and Seizure

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Are the constitutional bases for search and seizure still valid today? Explain why or why not. Does law enforcement have too much authority to stop and arrest people?

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The solution discusses the constitution and search and seizure.

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The constitutionality of search and seizure in the U.S. has been under constant attack for a variety of reasons. The police currently have too much autonomy in their ability to stop and frisk people as well as stop and search vehicles. The initial reason for search and seizure is for the protection of citizens wherein illegal searches that constantly are a problem today were supposed to be nullified by the Fourth amendment protections afforded under the United States Constitution. Laws that exist in cities such as New York, where any person in minority neighborhoods can be stopped and searched regardless of if they have been suspected of criminality through probable cause, tramples upon the constitutionality of stop and search protections.

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Solution provided by:
Raushaun Rigsby, MSc
Education
  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
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