The Fourth Amendment to the US Constitution protects citizens’ rights to be free from unreasonable governmental intrusion. The text of the amendment reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
There are many legal safeguards in place to ensure that police officers interfere with citizens’ Fourth Amendment rights under limited circumstances. In Centervale, there have been several citizen complaints about Fourth Amendment violations by the local police department. The Centervale chief of police, Charles Draper, has determined that the behavior of some police officers reveals a lack of consistent understanding of the criminal justice concepts dealing with the Fourth Amendment prohibition against unreasonable searches and unreasonable seizures.
Explain what constitutes an unreasonable search or seizure.
Use examples to support your response.
Explain how the exclusionary rule and fruit of the poisonous tree apply.