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Essay / Research Paper Abstract
4 pages in length. Mona is the victim of probable cause, a legal stipulation that requires law enforcement officers to have a viable reason for searching one's person or property. Under the void-for-vagueness doctrine, discovery of Mona's drugs would not hold up in a court of law because of the unassociated manner by which it was obtain; however, and seemingly contradictory, indicators officers pick up on by way of sight, smell or hearing are admissible under the Observation category of Probably Cause. Bibliography lists 5 sources.
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4 pages (~225 words per page)
File: LM1_TLCSrchSeiz.rtf
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Monas drugs would not hold up in a court of law because of the unassociated manner by which it was obtain; however, and seemingly contradictory, indicators officers pick up on
by way of sight, smell or hearing are admissible under the Observation category of Probably Cause. One of the most important quantifiers in
Monas situation is the Fourth Amendment, which was established as a means by which to protect people from the invasion of unreasonable search and seizure; however, critics contend that the
exclusionary rule has encouraged the amendments failure to "integrate the substantive and procedural components of this right" (Colb 1456-1525). The grave importance of securing ones personal privacy against unjustified
invasion is of paramount importance in contemporary society, yet somewhere along the passage of time, the Fourth Amendment has been compromised to such an extreme that it has become difficult
for one to discern its true benefit to the people. "Fourth Amendment analysis that pits the privacy rights of individuals against public crime control concerns fails to consider all
the types of harm that the amendment is intended to prevent" (Colb 1456-1525). Since the Constitutions inception, there have been some questionable applications
of subsequent amendments which were put in place as a means by which to protect citizens, yet are being employed instead to seemingly twist the original meaning. Such is
the case with probable cause and the Fourth Amendment, having lost nearly all of its power of protection when people like Mona leave the sanctity of their homes. Moreover,
the arbitrary application of the exclusionary rule leaves Mona wide open to being illegally searched at the whim of legal interpretation. When the
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