The goal of this assignment is for you to begin narrowing down your interest(s), focusing on a specific issue you intend to research throughout the course of this term. When conducting s

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Criminology

Kevin Bolick

Professor Wright

Criminal Justice Research Methodology

1/13/2024

According to Tokson (2020), the main goal of the 4th amendment is to protect the privacy and liberty of the U.S. citizens. Its aim is to prevent unwanted searches and seizures without a justified cause or a judicial authority to confirm their justification. I personally believe that this amendment is crucial in balancing people’s privacy and the moral duty of the law enforcement to maintain public safety. It specifically prevents too much invasion by law enforcement to avoid privacy breach.

Any challenges associated with this amendment can be addressed via effective policy changes to protect the citizens’ rights and also enhance police’s effectiveness. I would recommend training and awareness creation among law enforcement officers regarding the characteristics or probable cause as well as reasonable suspicion to prevent unwarranted searches and seizures. I would also encourage technology integration including body cameras to aid transparency and accountability for police actions. Moreover, I would recommend the update of legal standards to keep up with the latest technological advancements, especially with respect to digital privacy to maintain the power and relevance of the 4th amendment. With proper implementation of the above measures, it will be possible to uphold the liberties of the citizens while also supporting law enforcement agencies to effectively carry out their duties with clear legal guidelines.

Research Topics

Border Searches and the 4th Amendment

This research topic would delve into different interpretations and applications of 4th Amendment rights at airports and national borders exploring the level to which and limitation of border control and customs officials’ search powers. Evidence shows that the U.S. Customs and Border Protection carried out more than 40,000 electronic device searches in 2019 a significant increase from previous years (U.S. Customs and Border Protection, 2023). “Because they are considered per se reasonable, border searches can usually be conducted without a warrant or probable cause (Kim, 2010).” Therefore, "border searches allow customs officials the flexibility to inspect incoming individuals and their belongings and to interdict incoming contraband without having to inform a magistrate before the search” (Kim, 2010).

The Role of the 4th Amendment in School Searches

This topic would look into the application of the 4th Amendment in searches carried out in school settings. The 4th amendment applies in these settings because, “school officials act as representatives of the State, not merely as surrogates for the parents” (Justia Law, 2024). It would specifically explore the need to maintain a balance between maintaining school safety and safeguarding the privacy of the students. For instance, evidence shows that the utilization of drug-sniffing dogs in schools is not always effective. Strands of literature show that dogs are susceptible to false alerts causing unjustified searches. According to NYRA, “In general, the more intrusive a search is, the more evidence will be required to justify it” (Mohammadi, 2023).

The Use of No-Knock Warrants and the 4th Amendment

This research topic would delve into the ethical, legal, and practical impacts of the use of no-knock warrants by the police, evaluating ways in which these warrants violate or adhere to the 4th Amendment principles. Statistics mark a high rise in the use of no-knock warrants. For instance, this number increased in Houston, Texas by 3000% from 1981 to 2010 (Dolan, 2019). According to the 4th amendment, “police officers who enter a dwelling with or without a search warrant, must knock on the door and announce their identity and purpose before attempting forcible entry” (Coleman, 1999). Moreover, “no-knock warrants are inherently dangerous to the public and violate the 4th Amendment rights of those on whom the warrants are executed" (Boswell, 2016).

References

Boswell, B. S. (2016). No-knock search warrants: the importance of keeping this tool available to law enforcement.

Coleman, J. (1999). Exceptions to the knock-and-announce rule; drug indentification. Exceptions to the Knock-and-Announce Rule; Drug Identification | Office of Justice Programs. https://www.ojp.gov/ncjrs/virtual-library/abstracts/exceptions-knock-and-announce-rule-drug-indentification#:~:text=The%20U.S.%20Supreme%20Court%20has,purpose%20before%20attempting%20forcible%20entry.

Dolan, B. (2019). To knock or not to knock: No-knock warrants and confrontational policing. John's L. Rev., 93, 201.

Justia Law. (2024). Public Schools. Retrieved from https://law.justia.com/constitution/us/amendment-04/22-public-schools.html

Kim, Y. (2010). Protecting the US Perimeter: Border Searches Under the Fourth Amendment. DIANE Publishing.

Mohammadi, N. (2023, April 17). Search and seizure – nyra. NYRA – Live Free, Start Young. https://www.youthrights.org/issues/student-rights/search-and-seizure/#:~:text=In%20general%2C%20the%20more%20intrusive,than%20for%20searching%20your%20locker.

Tokson, M. (2020). The Emerging Principles of Fourth Amendment Privacy.  Geo. Wash. L. Rev.,  88, 1.

U.S. Customs and Border Protection. (2023). CBP Statement on Border Search of Electronic Devices. Retrieved from https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-border-search-electronic-devices