5th and 6th Amendment Essay Example | Topics and Well Written Essays - 750 words

5th and 6th Amendment - Essay ExampleThis is why a police purposer does not need a warrant when, in the course of a commerce stop, s/he frisks a subject prior to engaging in a discussion with them. The remainder of the officers personal safety versus the infringement on the privacy of the individual tips in estimate of the officer because a reasonable person would perceive the need for safety. Searching the subject or his simple machine for drugs, however, requires a higher standard. Probable cause goes beyond the suspicion that criminal activity has or provide take place and moves more into the investigative realm. The probable cause standard is basically the amount of cultivation the police are required to kick in prior to a search or seizure of property. An office who stops a vehicle for speeding has reasonable suspicion to do so, but does not have authority to search the car. If, however, during the course of the traffic stop the officer sees drug geared wheel on the tai l end seat, s/he has probable cause to search the cabin of the vehiclebut not the carcass that requires consent from the individual or a warrant. If a K-9 unit is brought in based on the paraphernalia and the dog hits on the trunk, a warrant is easily obtained because the police have probable cause to leaven a crime is being committed.The Fifth Amendment, in relevant part, states that no person shall be take of life, liberty, or property, without due process of law (Cornell, 2008, n.p.). The purpose of the clause is to prevent unreasonable searches and seizures similar to that experienced under the British Colonial rule of the American Colonies. The basic premise is that government actors (police officers, prosecutors, other officials) cannot loot a defendant of life, liberty, or property at a whim or based on nameless suspicion there is a responsibility held by the officers to ensure that all of a citizens rights are protected. The action is