Miranda Rights And Unreasonable Searches Essay Examples

I oppose departures from, and variations to, the original wording of Miranda rights because departures and variations create situations where the constitutional rights of an individual could be violated. These rights, including the right against self-incrimination and the right to be free from unreasonable searches and seizures are valuable rights intended for all Americans. These rights were created to ensure our nation would remain a democracy. Miranda rights were created to advise suspects of their rights and to protect the right against self-incrimination provided by the Constitution of the United States. Miranda rights were also created to ensure that valuable evidence or statements obtained from a suspect would be admissible in court. If variations and departures are made from these, then officers will lose admissible evidence which could possibly lead to an increase in crime. An increase in crime would occur because suspects who actually engage in criminal behavior would be released due to a violation of rights. Therefore, it is not only important to the suspect to inform him or her of the rights afforded but it is important to law enforcement to continue to deter and prevent crime in today’s society.
In the video “Turning Points/Search and Seizure: Exploring the Fourth Amendment”, the officers may have violated the mens’ right to privacy. Although the stop was appropriate because it was based on a legitimate investigation, the search was questionable. As mentioned by the one officer, it is likely that the search was unreasonable and in violation of the mens’ right to privacy for many reasons. First, the search was conducted based on the consent of the passenger and not the owner of the car. Second, the search was not conducted incident to arrest as none of the men were placed under arrest until after the search. And third, the search was beyond the extent allowed by the protection of the safety of the officers.