Fourth Amendment and Court Jurisdiction Based on Essay

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Fourth Amendment and Court Jurisdiction

Based on the Fourth Amendment to the U.S. Constitution citizens have a right to 'be secure in their persons'. Referring to personal rights against 'unreasonable searches and seizures' (Wolfish, 441 U.S. At 595 Stevens, dissenting LectLaw, 2011). The definition implies that people cannot be detained or intruded upon by police or other law enforcement without a reasonable cause. It is a protection to acknowledge a citizen's rights under a higher authority or power that they must submit to. The Constitutional intent may be at odds with law enforcement because it protects the people by prohibiting the law to intrude even if the person(s) is a known criminal unless there is a reason (Wolfish, 441 U.S. At 595 Stevens, dissenting Lect Law, 2011).

For law enforcement to seize or detain a citizen there must be a reasonable cause. There are many court cases that have precedent over the use of the Fourth Amendment. The time limitation for detaining a person is set at 48 hours according to a case U.S. v. Montoya de Hernandez, 473 U.S. 531, 542-44 ('85 LectLaw, 2011), where the question was whether the amount of time that a person traveling in the U.S. could be detained at the border barring a hearing. It was ruled that holding a person longer than 48 hours was a violation of Fourth Amendment rights. For that person to remain in custody requires 'probable cause' (Caban, 728 F. 2d at 75). This particular time limitation was established by the Supreme Court in the case County of Riverside vs.

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McLaughlin, 111 S. Ct. 1661, 670 ('91 LectLaw, 2011). It was considered that this amount of time was necessary to prepare administrative paperwork to accompany documentation of the incidents that lead to the arrest (LectLaw, 2011).

The highest court at the state or federal level or tier of the U.S. Judiciary branch is the Supreme Court. The Supreme Court has the authority to preside and examine the proceedings of any of the lower courts. They can rule or overrule the lower courts powers based on their determination to hear a case or make a decision based on the law. It is unusual for the Supreme Court to overturn a lower courts ruling and usurp this authority unless a defendant appeals based on a lower court decision.

The lower court is the state or federal district court often times a trial court where there is a law suit levied against a defendant (Uslegal, 2011). It is in a trial court that a jury has to listen to evidence and make a decision based on a lawyers arguments, facts, and evidence brought forth.

The middle or intermediate court is the Court of Appeals or Appellate Court. They are sought to hear a case where a lower court final rule or decision is….....

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