solved dFirst ReplyHello Class,The checkpoint is not a violation of due
dFirst ReplyHello Class,The checkpoint is not a violation of due process protections. The supreme court of the United States upheld using of checkpoints under particular situations with specific agendas. According to the United States Supreme court, the checkpoints do not violate the Fourth Amendment rights of drivers at the checkpoints (Vile, 2014). The Fourth Amendment to the constitution of the United States only allows searches and seizures that are reasonable. When police officers pull over a vehicle, it gets considered seizure for the Fourth Amendment’s purpose. A car will stop reasonably only if the officer has reasonably suspected that the driver has broken the law. Thus, this means that DUI checkpoints would violate the Fourth Amendment since they involve stop and investigating all drivers passing through the checkpoint (Grossman, 2009).However, the checkpoints are permissible if they adhere to tight guidelines on how the operations get conducted. Sometimes police stop every car that passes on the blocked road meaning they detain the vehicles’ drivers without having a reasonable reason that they did wrong, which is a violation of the Fourth Amendment. For a checkpoint not to violate Americans’ rights that they are entitled to in the Constitution, several requirements must be met (Grossman, 2009). There is a requirement of neutral selection when selecting what vehicle should get stopped to avoid biasness.Before implementing any action related to search and seizure at the checkpoint, the police should meet two essential conditions. First, they need to show their authority, and the person being seized should submit. When the checkpoints’ officers fail to strictly follow guidelines provided in the Fourth Amendment concerning search and seizure and the warrant’s issuing, they will violate the constitution laws (Grossman, 2009). Where checkpoint does not violate due process protection, police should not use authority, forceful language, and aggressive patrolling since this will be a violation of the Fourth Amendment.Second replyThe checkpoint is not a violation of due process protection as the fourth Amendment outlines. The police’s actions recently at the checkpoint violate the search and seizure requirements the Fourth Amendment provides. The fourth Amendment of the U.S Structure dictates that individuals’ privilege to be safe in their credentials, houses, personnel, and properties against arbitrary seizures and quests shall not be violated (Kerr, 2017). The fourth Amendment continues and provides that no Warranties shall issue, but upon credible reason evidenced by confirmation or Vow, and mainly unfolding the particular place the place can search and the specific things and persons the police can seize.However, the Fourth Amendment does not guarantee against all seizures and searches at the checkpoint, but only particular ones that are believed arbitrary under the law. There are two fundamental components of the search and attacks that the police have to meet before implementing any action relating to search and seizure at the checkpoint. The police officer must show authority, including weapons and handcuffs, and secondly, the person being seized should submit to the control (McGlynn, 2017). However, the police officers’ aggressive patrolling at the checkpoint indicates forceful language and physical contact, which are strong indicators of authority that are against the Fourth Amendment requirements.On the Warrant issue, it can be said that police validity at the checkpoint, the police officer must meet four primary requirements, including filing the warrant in good faith, reliable information on warranty indicating a probable cause to search. The other two requirements include that the warranty must be from a detached and neutral magistrate, and finally, the warrant should show the particular place and things the police officers can search and seize. Failure to follow the strict protocol outlined in the Fourth Amendment concerning search seizes and warrant issue is a severe violation of the law under the Fourth Amendment of the United States Constitution.