MODULE WEEK 4

Module Week 4



Module Week 4

Note: Everything has been posted online.

Discussion 1

This week's discussion is mainly based upon the Fourth Amendment of the U.S. Constitution, which allows the police officers to stop and frisk. However, the law has determined some specific limitations to this activity by police officers. The stop and frisk by police officers can only be applicable on two circumstances. The first is one, where the police officers have a probable cause, or secondly, if the circumstances become exigent situations. These two conditions make the search reasonable. Probable cause is a standard, in which the police officers have possible or reasonable grounds to obtain a warrant against any individual regarding his or her criminal activities. The exigent situations are those, in which police officers have no other choice, but to take actions or search, due to the emergency circumstances. The exigent situation also incorporates the probable cause (Ivers, 2013).

The reasonable search become unreasonable, when the police officer conduct the search without any probable cause or exigent situations. In addition, it also becomes unreasonable, when there are exigent situations, but made by the police officers themselves. Anyhow, the probable cause and searches on the basis of this is significant for public safety, because it allows the police officers to take appropriate actions, on the suitable times. If any police officer conduct a search on the basis of probable cause, and finds his conjecture to be valid, after the search, then the police officer can arrest the people, which can a threat for the society (Ivers, 2013). I am completely in favor of this law and the actions of police under this law, because it does not only enhance the authority to maintain the writ and public order, but it also allow the police officers to take appropriate actions on the right time. In addition, the determination of probable cause and exigent circumstances, in which the stop and search is valid, prohibits the police officers to abuse this law. These are the major factors, which persuaded me to agree on the Fourth Amendment of the U.S. Constitution and its practical implications.

Responses

Hello Andrew,

Your discussion post regarding the topic of stop and frisk is insightful and I appreciate your thoughts on this issue. I completely agree with your opinion that the stop and frisk is a good measure, in order to prevent the hazardous events to occur. In addition, I also agree with your point that the people who do not have consent with the measure of stop and frisk are most likely to have associations with any sort of illegal activities. However, I would also like to add that the opposition can also be based upon the possibility of police officers to abuse their authority of stop and frisk, but the 8th amendment of the U.S. Constitution sufficiently addresses the possibility through the determination of probable cause (Ivers, 2013). On these bases, the stop and frisk is an immensely suitable and appropriate measure for public safety and we must ...