Enquiry Topics Essay Example | Topics and Well Written Essays - 1750 words

Enquiry Topics - Essay ExampleThe debates in the state legislatures for ratification threw up serious concerns intimately the absence of protection of individual rights in the constitution which could lead to the g overnment imposing tyrannical controls over its citizens. James Madison, the principal architect of the constitution, promised that the document would be amended to include individual rights. Several observe states insisted on amendments and two states, North Carolina and Rhode Island refused to ratify the constitution without such(prenominal) amendments ( shaft of Rights Institute1, 2010). This was the reason of urgency in introducing the law when the first congress met. The Bill of Rights is important because it guarantees what be termed the natural or inalienable rights of people. In the US Declaration of Independence, these rights include life, liberty and the pursuit of happiness. The ten amendments to the constitution that make up the Bill of Rights describe elem ents of these natural rights and ensure that the government cannot enact any laws that contravene these rights of the people. (Bill of Rights Institute 2, 2010). Though just about people would name the First Amendment that guarantees freedom of speech, religion, assembly as the most important, the Fourth Amendment which protects citizens against unreasonable look and seizure has greater importance in distinguishing the US from a totalitarian state. This amendment ensures that no search or seizure can occur without a stock-purchase warrant issued on the basis of probable cause. The warrant too needs to describe the place to be searched and the persons or things to be seized (Archives.gov, n.d) 2) What test is used to determine whether a law incumbents conduct constituted a show of legal berth? What factors are relevant in applying this test? How does the court determine when a seizure occurred? Why is it often necessity for the courts to pinpoint the exact moment a seizure oc curred? By case law, a police officer is permitted to stop, interrogate and frisk a person if he has reasonable suspicion of wrong doing or to anticipate the possibility of a crime being committed. Such detention or seizure without a warrant is considered to represent a show of legal authority. The courts recognize that such police action is in violation of the provisions of the Fourth Amendment but have balanced this against the need to give the police round discretion for effective law enforcement. A police officer is permitted to approach an individual in a public place and ask if he will answer some questions. The individual may come down to do so and that cannot be the sole grounds for detaining that person. The person so stopped may be frisked for hidden weapons if the police officer believes there is danger to his person or to others from the individual. In stopping such an individual, there must be no excess display of force such as the police officer drawing a weapon or multiple officers surrounding the person (Gorton, 1970). In several(a) cases, the Supreme Court has defined seizure of the person to occur when a reasonable person believes that he or she is no longer free to terminate the encounter with the police and leave. In the 1991 case calcium v. Holdari, D., the court has held that seizure occurs when an individual is subject to physical force or a show of authority and the person yields to such force or authority (Sullivan, 2010). It is important to pinpoint the exact moment when a seizure has occurred because the courts are required to exclude