Thursday, September 16, 2010

5th amendment

Minn. court says hoisting pants not illegal search


This article was about a Minnesota police officer who was checking on a routine check and searched a man. The man when putting his hands up allowed chance to his pants that feel down. The officer picked them up but "found" a gun in the process. Conservers is over whether that counts as an illegal search or not.

Amendment 4 states: 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. This article is related to this amendment because the amendment states no one can illegally search you. Within this article it has examples of it in use because the officer even though the man had a gun he was searched. Even if the officer was pulling up their pants he was in someway searching him.

I believe this amendment isn’t used enough today. The article showed an example of the amendment because the officer didn’t have the right to search him even though it wasn’t an actual search but the officer was touching him. He could have asked the young man to pull up his own pants and didn’t have to touch him. They could say it was an illegal search because the officer was touching him.
http://www.kcci.com/r/25019727/detail.html

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