Essay heading: 4TH AMENDMENT

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Social Issues

 

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Date added:

April 13, 2004

 

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4 / 984

 

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It is unconstitutional to shoot an apparently unarmed, fleeing suspected felon unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officer or others. Not every time the police stop a person to ask questions or to seek that person's consent to a search is there a seizure or detention requiring probable cause or a warrant...
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If the police just as questions or seek consent to search an individual person or possessions in a no coercive atmosphere, there is no detention. If the person refuses to answer questions or consent to a search, and the police by either physical force or a show of authority, restrain the movement of the person, even though there is no arrest, the Fourth Amendment comes in play...
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