Constitutional Policing Research Paper Example | Topics and Well Written Essays - 750 words

Constitutional Policing - Research Paper Example stood their duties as far as the constitution is concerned, however, there are instances where they have been seen overstep their mandate in the process of constitutional implementation. When this happens, the individual or party that is offended has the right to take the matter to courts for prosecution or constitutional interpretation of the validity of the action done by the police (Zotti, Dubs & Machado 2005). In this case, the United States Police are said to have overstepped their mandate and failed to follow the constitutional procedure in arresting Weeks, in establishment of this case; the police had entered Weeks home and seized his papers, convicting him later of transporting lottery tickets through mail. What Fremont weeks was not happy about is the search in his house was done without a search warrant, something that he thought was unconstitutional in his thinking. Later, Fremont weeks decided to report and take the police to court, protesting that they searched his house unconstitutionally without a search warrant and confiscated his work documents. In the process, he also decided to petition the court to return his private possession since he relied on them to do his work. In reaching its unanimous decision, the court agreed that the process by which Week’s possession was seized by the police was wrong and unconstitutional. At the same time, the court ruled that the decision by the government to withhold and refuse to hand back Weeks possession was also unconstitutional. Allowing seizure of an individual’s private documents and using them as evidence against him would be interpreted is being of no value, this would make it impossible to protect citizens against such searches and seizures as put forth in the Fourth Amendment. It is important o understand that the first application of this law later became the first of its own, setting precedence in future cases that would take the same path, it was later referred to as the â€Å"exclusionary