Criminal Procedure Policy

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The Constitution is the framework of the American legal system. It was created in 1787 by the Founding Fathers; many of whom were lawyers. The Founding Fathers separated the Government into three branches, divided authority between the states and the federal government and included provisions for individual freedoms. There was also a provision for amendments, the first ten of which is called the Bill of Rights (Hudson, 2010). These amendments guaranteeing and individual’s rights and freedoms and protection from tyranny were vital to the ratification of the Constitution by all the states.
Amendment IV
The Fourth Amendment provides, “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.”
The Fourth Amendment is designed to protect individuals from unlawful searches from law enforcement and the government without probable cause. This means that law enforcement cannot used evidence against an individual that was unconstitutionally obtained. While there are exceptions to this rule; it still does give law enforcement a free pass to perform searches and seizures they know are unconstitutional because every individual has the right to a reasonable expectation of privacy (Four Models of Fourth Amendment Protection, 2007).
Amendment V
The Fifth Amendment provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in…...

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