Fourth Amendment Violations

 This paper aims to discuss some of the federal and/or state statutes which cover the Fourth Amendment violations by a police officer. The first one is stated in the “United States Code, Title 42: The Public Health and Welfare, Chapter 21: Civil Rights, Subchapter I: Generally, Section 1983: Civil Action for Deprivation of Rights” which holds that “Every person who, under color of any statute, ordinance…for the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia” (United States Code, 2008, n.p. ).

This specific code includes the “Due Process Clause”, which in turn integrates ones right under the “Fourth Amendment to be free from irrational/unfair searches or seizure” of an individual’s possessions (United States Code, 2008, n. p. ). Explaining further, this means that, a police officer will be going against the law in general, and Fourth Amendment in particular especially if he/she engages in a broad probing and looking through an individual’s properties which are not specified in the search warrant (United States Code, 2008, n. p. ).

The second is “Bivens”, which is considered to be a “Federal Common Law” holds that individuals have the right to ask for money in exchange of damages committed against him or her that is covered by the Fourth Amendment (US Supreme Court, 2008, n. p. ). This means that a police officer will be violating an individual’s Fourth Amendment rights if he or she entered the person’s place, searched it, and arrested the person for charges without serving the person a “warrant” (US Supreme Court, 2008, n.p. ).

Last but not least is technically referred to as “tort law”, which is a “civil wrong recognized by the law as grounds for a lawsuit” (US Supreme Court, 2008, n. p. ). This means that a police officer may violate a law if he or she does not request consent to search a baggage, ask for credentials instead force the person to oblige/cooperate because it defies the Fourth Amendment (US Supreme Court, 2008, n.  p. ).

References United States Code. (2008). Retrieved February 25, 2008 from http://caselaw. lp. findlaw. com/casecode/uscodes/42/chapters/21/subchapters/i/sections/section_1983. html US Supreme Court. (2008). Retrieved February 25, 2008 from http://caselaw. lp. findlaw. com/scripts/getcase. pl? court=us&vol=403&invol=388

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