Examine the following situations. Decide whether the search violates the Fourth Amendment. Explain your decisions.

A. The police see Dell standing at a bus stop in an area known for drug dealing. They stop and search him, finding drugs in his pocket.

B.) After Brandon checks out of a hotel, the police ask the hotel manager to turn over the contents of the wastebasket, where they find notes planning a murder.

C.)Jill’s ex-boyfriend breaks into her apartment and looks through her desk for love letters. Instead he finds drugs, which he gives to the police.

Respuesta :

Answer:

A. Does not violate the Fourth Amendment because the place where the person was standing is a place of drug dealing, leading to the reasonable conclusion of the possibility of criminal activity taking place

B.) Does not violate the Fourth Amendment rights, because the Forth Amendment right exist until the check out time. Once the Brandon checks out of the hotel room the Fourth Amendment rights no longer applies

C.)  Violates the Fourth Amendment right of Jill as her boyfriend forcefully gain entrance without authorization to search through her belongings

Explanation:

A. The first search is not a violation of the fourth amendment.

  • The reason why it is not a violation is the fact that this area has become known for drug dealing.

Therefore it is very easy to suspect people that are found in this area of engaging in this crime.

B. The second option is not a violation.

  • This is because Brandon was not harassed or searched illegally in any way.

The waste bin was searched in his absence.

C. The third option is a violation.

The question says that her ex broke into her apartment. This is a crime first of all because breaking and entering is a crime in the US.

The Fourth Amendment

This is an amendment that offers protection to the citizens of the country from unreasonable searches by the police.

Read more on the The Fourth Amendment here:

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