7.12 Fourth Amendment: Excessive Detention (Less than 48 Hours) is a term used to refer to any detention that is less than 48 hours, but is deemed excessive by the court. This type of detention can result from police officers detaining a person without a warrant, or when a person is detained beyond the scope of a valid warrant. The Fourth Amendment of the United States Constitution prohibits unreasonable searches and seizures and requires that any warrant issued must be supported by probable cause. When a court determines that a person has been detained excessively, the Fourth Amendment has been violated. There are two main types of 7.12 Fourth Amendment: Excessive Detention (Less than 48 Hours). These include: 1. Pre-Trial Detention: Pre-trial detention occurs when a person is taken into custody and held for more than 48 hours without a warrant. This detention can be challenged if it is deemed to be excessive and unreasonable. 2. Post-Trial Detention: Post-trial detention occurs when a person is held in custody for longer than 48 hours after a conviction or verdict has been rendered in a criminal case. This detention can be challenged if it is deemed to be excessive and unreasonable.
7.12 Fourth Amendment: Excessive Detention (Less than 48 Hours)
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Constitutional Amendments ? Amendment 8 ? ?Freedom from excessive bail, fines, and cruel punishments.? Amendment Eight to the Constitution was ratified on December 15, 1791.
For example, consider the following scenarios: An arrest is found to violate the Fourth Amendment because it was not supported by probable cause or a valid warrant. Any evidence obtained through that unlawful arrest, such as a confession, will be kept out of the case.
The Eighth Amendment to the United States Constitution states: ?Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.? This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining
Reasonableness Requirement All searches and seizures under the Fourth Amendment must be reasonable and no excessive force shall be used. Reasonableness is the ultimate measure of the constitutionality of a search or seizure. Searches and seizures with the warrant must also satisfy the reasonableness requirement.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
Excessive bail is an amount of bail ordered to be posted by an accused defendant which is much more than necessary or usual to ensure they will make court appearances particularly in relation to minor crimes.
Bail also assists a defendant in preparing his or her case for trial, for it is far more difficult to consult with counsel when one is in police custody. The Eighth Amendment ensures that bail cannot be ?excessive,? at an amount so high that it would be impossible for all but the richest defendants to pay it.
Overview of the Fourth Amendment Under the Fourth Amendment , anyone in the United States, citizen or not, has the constitutional right to be free from excessive force by police officers, sheriff's deputies, highway patrol officers, federal agents, and other law enforcement officials.