CIVIL LAW. CIVIL LAW. 2. 2. : CIVIL LAW. Civil Law. Nam

The Fourth Amendment protects citizens from unreasonable searches and seizures by the police. Searches must be done with a warrant or under one of the described exceptions. In Maryland v. King, the Supreme Court ruled that the police can take DNA during the booking process from people who have been arrested and not yet convicted. This is similar to an arrestee having his or her fingerprints taken during booking. Do you think this violates a person’s right to be free of unreasonable searches and seizures? What are the implications of this case upon all of the branches of the criminal justice system? Do a quick search of the Bill of Rights to investigate the exact wording to inform your response.

Running head: CIVIL LAW
Civil Law
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1CIVIL LAW
The Fourth Amendment Constitution of United States forms a part under the bill of rights
which insurance certain rights of a person by way of ten amendments. The Fourth
Amendment restricts any search as well as seizure, which is unreasonable, in case the same
has not been backed by a warrant issued by a magistrate or a judge and a justified cause. The
viability of the decision of Maryland v. King, 569 U.S. 435 (2013) has been question on the
Fourth Amendment. In this regard, it has been contended by the Supreme Court that if an
officer makes an arrest, which has been backed by a probable cause and that cause is related
to a serious offence and in that furtherance, the detainee has been brought to the police
station, any availing of fingerprints, photograph or any other evidence will be treated as
legitimate and will be treated as in conformity with the fourth amendment. This in my
opinion is a scope that has been made accessible towards the officers to abuse their power to
make seizures and searches. This has the implication of the use of this power in an arbitrary
manner. It is justified to take evidence from a detainee who has been alleged to have
committed a henious crime, but a proper supervision of a judge or a magistrate is required
over the actions of the police in this furtherance. This decision of the supreme court has the
probability of causing a deprivation of the detainees under the criminal justice system.

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References
Maryland v. King, 569 U.S. 435 (2013)
The Constitution of the United States
The Fourth Amendment (Amendment IV) to the United States Constitution
The United States Bill of Rights