The Second Amendment Regarding Prisoners - 1946 Words

1 Fourth Amendment regarding Prisoners Jeury Nunez Reyes John Jay College of Criminal Justice May 18nd, 2016 2 Abstract Today our world is filled with criminals. These criminals commit their crimes, and then get caught by law enforcement agencies. They get detained, processed, and see a judge. â€Å"Guilty! I sentence you to prison for x amount of years†. After a judge says that phrase to an offender, at that very moment you end up having limited rights. After one is convicted of a crime/ offense, one’s constitutional rights are taken away. One of the most controversial amendments that aren’t applied to prisoners is the fourth Amendment of the U.S. constitution.The fourth amendment to the United States†¦show more content†¦Just like there is a side that supports the fact that there rights are limited, there is always and opposite side to an issue.The fourth amendment is one of the most controversial amendments where there is always an uprising conflict surrounding it. There have significant cases that have had an impact on how the correctional system imposes the fourth a mendment in jails and prisons. Hudson v Palmer is a famous Supreme Court case where a prison guard conducted a pat down on Russel Thomas Palmer at an inmate state penitentiary. Palmer has expressed that the officer had conducted the search and seizure as harassment towards him and that there wasn’t an intended reason to be searched at all. It could’ve been true, since correction officers since they have the power and the authority, they do as pleased. Palmer’s attorney claimed that because searches and seizures to harass are unreasonable, a prisoner has reasonable expectation of privacy not to have his cell, locker, personal effects, person invaded for such a purpose.† He then added that a shakedown search (such as was administered by Hudson) was an intentional and unreasonable action by a state officer. Palmer asserted that the officer didn’t have a valuable reason to search his cell and also that he issued a false charge of destroying prison prope rty.Citing findings of the U.S. court of appeals, Palmer s attorney argued that because