Question3, 4, & 5
Question3: Which need does the Fourth Amendment satisfies on Maslow’shierarchy of needs, and how does it satisfy this need?
Itsatisfies the need of an individual to feel safe and secure asoutlined in the hierarchy. Safety helps an individual feel free fromemotional, mental and physical harm while security help such anindividual suppress his or her anxieties and fears. The fourthamendment satisfy this need by ensuring that people are safe in theirhouses, papers, self, and from any unreasonable seizures or searches.In connection to this, police have to have warrant of arrest as wellas reason for search before intruding into a person house orhome.Question4: Discuss what constitutes state action for purpose of the FourthAmendment?
Thisamendment only protects against seizures and searches that arecarried out by the government. It does not govern investigatory andsurveillance actions perpetuated by strictly private individuals likesuspicious spouses however, Fourth Amendment concerns may arise ifsuch actions are carried out by a private person working togetherwith a law enforcement official or when carried out solely by lawenforcement authority. Again, unless a defendant first put forward orestablish having a reasonable expectation of privacy for seizure orsearch, this amendment does not apply against actions taken by thegovernment (Harr, Hess, & Orthmann, 2012).Question5: What is the difference between fresh pursuit and hot pursuit, and when may the police engage in each?
Freshpursuit refers to an immediate chase of a suspected person by apolice officer, who may make arrest without a warrant (Schmalleger,2012). On the other hand, hot pursuit is applicable whenever policeofficers pursue a suspect into a private premise or when they haveprobable reason to believe that a certain crime has been committed ona private premise (Harr et al., 2012). It is also applicable whenevera police officer’s life is endangered.
Harr,J. S., Hess, M. H., & Orthmann, C. H. (2012). Constitutional Lawand The Criminal Justice System. (5th ed.). Belmont, CA: Wadsworth.
Schmalleger,F., (2012). CriminalJustice System.(7 Ed.). New York: Pearson education Inc.