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Miranda Warning
The Miranda warning is given before a custodial interrogation so that any admissions that
are made are valid in a court of law. These are also given to criminal suspects who are in police
custody, as they are taken so any statements they make can be admissible. Therefore, Miranda
warnings have become an integral part of the preventive criminal procedure and safeguards the
suspect’s fifth amendment rights from compelled self incrimination. The miranda warnings also
protect the sixth amendment right to counsel, as held by the Supreme Court.
The miranda warning is not required when the law enforcement only wants to use the
information in their own investigation, but not to prosecute or incriminate the suspect making the
Which Amendment do you feel has had the greatest effect on modern day Law
In my opinion, the Fourth Amendment has had the greatest effect on modern day law
enforcement for a variety of reasons. This is because this amendment protects the citizens and
since the late 80’s permanent residents of the United States from unreasonable searches and
seizures. It also forces the law enforcement to produce a judicially sanctioned warrant which is
supported on probable cause.
This warrant has a narrow, well defined scope of allowances, based on the information
presented to the judicial overseer. This information must be sworn to be true under oath by a
police officer. The fourth amendment addressed the misuse of the writ of assistance therefore;
today it continues to influence more aspects of the way the law enforcement machinery operates.
The amendment is effective in the states by way of the due process clause.
Search Warrant & necessary elements
Probable cause is the most important element when requesting a court to sanction a
search warrant, though there are some exceptions to it as well. Under exigent circumstances, the
police may enter premises without a warrant, as also when someone with reasonable control over
the property voluntarily consents to the entry.
Additionally, given the very specific reason behind the issuance of a search warrant,
there must be specifications as to what is being looked for and the place where the search must
transpire. Subsequent search warrants may be required for additional objects or for search in
additional places such as other rooms, out-buildings, vehicles etc.
Direct or hearsay information must be used to demonstrate probable cause. Therefore the
quantum of proof required for a search warrant is much less than for a conviction. Search
warrants are further not required for searching a vehicle stopped on road or in a non-residential
area, when there is reasonable suspicion that there is evidence of a crime or presence of
contraband (Acker & Brody, 2011).
Usage of technology
Using technology has allowed the law enforcement to keep up with the sophistication of
the times where new technology is often being seen employed in crimes. It allows them the
power to database information and quickly search for it – from an ever expanding database. This
has specially boosted their ability to undertake joint operations on a larger level: across county
lines and federally.
Usage of forensic technology like DNA analysis and fingerprinting has allowed the
resolution of countless cold cases for want of evidence. Departments today are seeing a spike in
sophisticated non-lethal technologies that allows them to subdue and control any situation
quickly, without any harmful effects such as those associated with tasers. GPS trackers, real time
crime predicting software etc are being used to greater geolocation accuracy. This all translates
into greater security for the community (Snow, 2007).
Police Corruption
Police corruption in the states is often driven from economic stressors where the lure of
big money draws in unscrupulous officers. These economic stressors in our country are not
derived from small scale bribery; instead big drug cartels have often been revealed to be funding
these bribery rackets, specially the ones in Florida in past.
Police corruption may also take the form of intolerance and discrimination towards some
or all minorities. For example as recently as January 2013, we have had reports from Mississippi
where sheriffs have refused to look into repeat incidents of harassment crimes committed against
blacks. Likewise, Mississippi district attorneys have refused to prosecute crimes of murder as
hate crimes where blacks appear to have been targeted for their race and mowed down under
vehicles. Thus, such subterfuge is perpetrated usually under the protection of authorities.
Nothing short of stern federal action is mandatory to clear up such mindsets in the form of
counter prosecutions and dismissals.

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