Police must obey the law in their effort to control crime. Legal restrictions may hurt the efficiency of police but by obeying the law, police gain social legitimacy. When a police officer violates the law, they jeopardize the rights of the accused and the rights of the innocent. The Fourth Amendment of the Constitution states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search 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 seized.”
Read Weeks v. United States, Silverthorne Lumber Company, Inc., Et Al. v. United States, and Mapp v. Ohio. For each court case, address the following:
- Explain the main issue or question involved in the case.
- Explain the precedent or laws the court used in order to come to its ultimate conclusion.
- Explain how the court applied the law to the facts of the case.
- Identify the conclusion and restate the issue to provide the final answer.
How have these three cases formed the standards of constitutional searches and seizures in the United States?