We have studied limitations on the authority of law enforcement and the rights of suspects in a criminal case. For instance, the Fourth Amendment protects us from unreasonable searches and seizures. The Fifth Amendment protects us from self-incrimination.

For this written assignment, you will focus on the constitutional rights of suspects in a criminal case.

address the following concepts:

Introduction

• Identify and explain the specific wording in the Fourth Amendment that establishes a suspect's rights in a criminal case.
• Explain how the wording of the Fourth Amendment limits the authority of law enforcement officers when gathering evidence in a criminal case.
• Discuss at least one U.S. Supreme Court case from your studies that discusses a suspect's protection against unreasonable searches and seizures.
• Reflect on the possible consequences of what happens when law enforcement officers obtain evidence in violation of a suspect's rights.

Conclusion

1) The 4th Amendment protects suspects against arbitrary arrests as well as unreasonable searches. A suspect may be arrested without a warrant if they have committed a crime and probable cause exists. However, in order to effectuate an arrest in a private residence, absent consent or exigent circumstances, officers must have a warrant. (Justia, 2020) The 4th Amendment further provides that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, an 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." (Cornell Law School, 2020)

2) Again, the 4th Amendment contains a reasonableness requirement and states that all searches and seizures must be reasonable and no excessive force shall be used. Warrantless searches and seizures are permitted only if they fall under certain exceptions such as consent, exigent circumstances or incident to arrest. These rules would apply to any evidence collected at an arrest scene. (Cornell Law School, 2020)

3) Mapp v. Ohio (1961) was a landmark decision by the U.S. Supreme Court that referenced the exclusionary rule contained in the 4th Amendment. In this particular decision, the Court held that officers illegally entered and Mapp's home without a search warrant and all evidence that was collected should have been excluded from the case, thus overturning a Supreme Court of Ohio decision. (United States Courts, 2020)

4) There are many consequences including but not limited to:

• any evidence obtained as a result of an illegal search and seizure will be excluded
• difficulty in prosecuting the case
• could result in civil and/or criminal liability to the officers and the department
• causes public distrust or loss of confidence of law enforcement by public and courts

1. Retrieved from Justia, www.law.justia.com., Arrests and Other Detentions, July 26, 2020.
2. Retrieved from Cornell Law School, www.law.cornell.edu., Fourth Amendment, July 26, 2020.
3. Retrieved from United States Courts, www.uscourts.gov., Mapp v. Ohio Podcast, July 26, 2020.

I based answer 4 on my experiences as a police officer for almost 24 years along with my advanced training on police procedures and constitutional rights and procedural justice.