Sample Essay on:
Police Violations of the Constitution

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Essay / Research Paper Abstract

This 4 page paper discusses the ways in which police have violated the 4th, 5th and 6th Amendments to the Constitution. Bibliography lists 3 sources.

Page Count:

4 pages (~225 words per page)

File: KV32_HVcopvio.rtf

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Unformatted sample text from the term paper:

for it calls the entire law enforcement community into question. This paper considers how the police have violated the Fourth, Fifth and Sixth Amendments to the Constitution. Discussion These three amendments are part of the Bill of Rights; the name given to the first ten Amendments to the Constitution. The Fourth Amendment provides protection from unreasonable search and seizure; the Fifth Amendment provides protection against self-incrimination; and the Sixth Amendment speaks to the rights of the accused, especially to a speedy and public trial and to the right to counsel. Three Supreme Court cases show where police have violated the rights of defendants. Mapp v. Ohio is a good illustration of the violation of the Fourth Amendment which protects against unreasonable search and seizure. In this case, three policemen went to the home of Miss Mapp on a tip that a suspect in a bombing was hiding there, and that there was some "policy paraphernalia" there as well (Clark, 1961). The five Constitutional violations in this case are as follows: 1) When the police arrived, they first attempted entranced without a warrant; 2) When reinforcements arrived they forced their way in-still without a warrant; 3) They refused to let Mapp speak to her attorney, who was present by then; 4) They made an extended search of the premises, far beyond what was reasonable and necessary-in fact they searched the entire house; and 5) They treated Miss Mapp with unnecessary brutality and what seems to be a deliberate attempt to humiliate her (Clark, 1961). The Supreme Court reversed Mapps conviction (pornographic material was found in her possession) and remanded for possible further legal action on her part (Clark, 1961). Violations of the Fifth Amendment are found in the famous Miranda v. Arizona decision which gives the "Miranda warning" its name. In ...

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