Explain the role of the Fourteenth Amendment's due process clause Essay

Explain the role of the Fourteenth Amendment's due process clause regarding confessions - Essay Example A house refers to any structure that an individual’s uses as their residence. It may on a long-term basis such as a residential home or on a short-term basis such as a hotel. Other structures that are connected to a house such as a garage and a store also fall under this category in the Fourth Amendment but an open field that surrounds the house is out of this scope. Papers refer to an individual’s personal documents such as business records, diaries, letters, and certificates. On the other hand, effects refer to the other items that are not persons, houses, or papers. This may include weapons, contraband goods, clothing, and luggage. Almost all items fall under the Fourth Amendment but what is essential is the determination of whether their search or seizure is reasonable. In analyzing the role of the Fourth Amendment, it is critical to determine the police activities that trigger the protection of the Fourth Amendment. It is also essential to justify the reasons behind the police officers engaging in these activities. A search is referred to as an activity that is conducted with the intention of finding evidence to be used for criminal prosecution. When conducting a search, there should be concern whether the search is a product of a government action. There should also be concerns whether it violates the reasonable expectation of a person’s right to privacy. The term seizure usually refers to the keeping of custody of a property to be used as evidence in a criminal procedure. It commonly occurs because of a search. The Fourth Amendment focuses on the reasonableness of the search and seizures. It determines if the police were working along with its requirements. According to the Fourth Amendment, not every action of looking for evidence is referred to as a search. A search depends on who is looking for the evidence as well as where it occurs. Therefore, a