...STUDY OF THE 4TH CJUS367-1004A-05 Criminal Law Study of The 4th Amendment Study Of The 4th Amendment This particular assignment wants us to take a look at the 4th Amendment specifically, surrounding a make shift drug operation, that will more than likely involve an interrogation of some type with the suspects and a search. The 4th Amendment specifically deals with a person’s rights to be protected from illegal search and seizure, and having a right to be reasonably secure in their house or dwelling. In law enforcement, probable cause must first be established in order for police officers to make arrests, make vehicle stops, etc…If a person is placed under arrest, the Miranda rights must be read, in part it reads, “You have the right to remain silent, if you give up that right, anything you say can and will be used against you…” even criminals have rights, and their rights can’t be violated no more than any other citizens, that is why they have to know they have a right to not say anything if arrested and detained by law enforcement. The Constitution of the United States of America is a document, drawn up by our fore fathers designed to lay out the “unalienable” rights of each citizen, as “endowed by the creator”; as well as delegate powers and responsibility of each branch of government, but on the premise that no one branch of government should have exclusive...
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...A description will be given as to how the Fourth and Fifth Amendments are applied to cybercrimes, as well as an explanation how the Fourth and Fifth Amendments were addressed in this case. Further explanation on how the King ruling may apply to other cases involving computers or other devices that contain electronic evidence is provided. The 4th and 5th Amendments Applied To Cybercrimes The 4th Amendment can be applied to cybercrimes, but not the 5th Amendment. However, the 4th Amendment’s protection in regards to computers, the Internet and cybercrimes can only be applied to data content, not all content. An example of data content is found within remote storage files on computers and private email interactions. When the data is non-content data, i.e. email addresses, there is no assumption of guaranteed coverage and protection ruled under the 4th Amendment. Unlike the 4th Amendment, the 5th Amendment cannot always provide legal protection to an individual. The federal court made such a ruling in 2012, asserting that personal computers lacked the coverage many assumed was in place after the 4th was seen as a viable use for protection of individual rights. Application to This Case The 4th and 5th Amendments were addressed in the case of the United States of America v. Richard D. King, Jr., as with many involving an attempt to claim the defendant’s 4th and 5th Amendment rights have been infringed upon by the law enforcement investigation. In the provided case, King tried...
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...looking for along with the same matching evidence and your confession. Officers also found a weapon that match the weapon that was use in the crime. You ask for an attorney but since there is no law saying that you can’t be appointed an attorney. At the court house the evidence that officers obtained was use against you and confessing to the crime. The judge rules that you are guilty without a hearing. But really you were set up by your twin brother because he was next in line for the CEO position of your business. Because there were no rights protecting you, you were wrongfully accuse and charged for the crime you didn’t do. This wouldn’t have happen if there was a rule call the Exclusionary rule, evidence gather by search and seizure in violation of the Constitution is dismiss from the state court explained Jared W. Olen, author of Jared W. Olen Website. The Constitution was created as a law of the country to govern the people and give them rights in a free society. This Constitution cover 27 Amendments, enables the people to live and prosper with freedom and equality. The Exclusionary rule prohibits law enforcement from conducting unlawful search, seizure, and getting a confession unlawfully. The United States of American establishes the 4th Amendment to protect its citizen from law enforcement to illegally entering people house to...
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...Criminal Law Foundations Evaluations Kelly Meier CJA 484 06/01/2014 Keith Carr The Constitutional safeguards provided by the 4th, 5th and 6th Amendments to the United States Constitution describe the means to the principle of due process. These laws are set into place to ensure a safer living environment for all citizens. This paper will focus on these rights and the safeguards with in a juvenile setting as well as adult setting on a day to day basis. The 4th Amendment was put into place to prohibit unreasonable search and seizures of ones property without reasonable cause and without a warrant. Over time the Supreme Court has allowed some changes to this Amendment such as; allowing the police to search a person that has been arrested, the officer sees something in plain sight and search property where the officer feels that there may be danger to their self or the suspect. When it comes to juveniles there are restrictions on this amendment. Only juveniles under age 18 that have been accused of criminal conduct are granted the 4th amendment rights. If the juvenile is being accused of non-criminal behavior the constitution has not been defined (Kenneth T. Hanley, Fourth Amendment Protection for the Juvenile Offender: State, Fordham L. Rev. 1140, 1981). The 5th Amendment states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval...
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...Study Sheet Unit 3.1 Constitutional Law 1. Identify the purpose of the Constitution of the State of Nevada. 2. State the purpose of the Bill of Rights 3. State the purpose of the First Amendment 4. State the purpose of the Second Amendment 5. State the purpose of the Fourth Amendment 6. State the purpose of the Fifth Amendment 7. State the purpose of the Sixth Amendment 8. State the purpose of the Eighth Amendment 9. Explain the purpose of the 14th Amendment as it relates to the Bill of Rights. 10. List the two pertinent clauses in the 14th Amendment as they relate to Police. 11. Explain the affect the 14th amendment has on citizenship. Unit 3-2 Criminal Law 1 1. Explain difference between criminal and tort law 2. Define the term “Law” 3. Define the term “Statute” 4. Define the term “Crime” 5. Differentiate the various classifications of crime per NRS 193.120 6. Identify the Various courts having jurisdiction in Nevada 7. Differentiate between NRS and County/City Ordinance 8. Demonstrate how to use the Nevada Revised Statues (NRS) to locate various crimes 9. State the elements of NRS 193.190 (to constitute crime there must be unity of act and intent) 10. State the elements of NRS 193.200 (Intent) 11. State the elements of NRS 193.210 (When person considered to be of sound mind) 12. Identify who is capable of committing a crime pursuant to NRS 194.010 13. State the elements...
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...Constitutional Policing CRJ201 June 28, 2015 Title of Your Essay The 4th amendment of the United States Constitution states “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things seized.” I believe that many cases have been brought to the United States Supreme Court define the constitutionality of the 4th amendment. I strongly believe that this is a fundamental for all law enforcement officers, and officers of the court to follow and strictly adhere to while they are excluding the duties of there occupation. In the case of Weeks vs. United States, police officers entered the home of Freemont Weeks and seized lottery papers which were used for his conviction in court. This seizure of papers was done without a lawful search warrant and done so in violation of the 4th amendment which was the main issue of this case. The evidence seized was used against Mr. Weeks in court and ultimately Mr. Weeks was convicted and sentenced to time in prison. There were several laws that the courts used in determining the outcome of this petition including Boyd vs. United States. “As was there shown, it took its origin in the determination of the framers of the Amendments to the Federal Constitution to provide for that instrument a Bill of...
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...poliocePolice Dogs and the 4th Amendment Kenda Julius The University of Phoenix CJA/304 Police Dogs and the 4th Amendment The 4th Amendment Americans have protection from the law doing any unreasonable search and or seizure. The American people take the 4th Amendment very seriously and when they feel it may have been breached by law enforcement, action is usually taken. However, does the 4th Amendment also pertain to “drug sniffing police dogs”? Do police dogs need to obtain a search warrant when drugs are thought to be smelled? The Supreme Court of The United States of America recently has decided that police dogs may not search or sniff without a warrant. Florida v Jardines In December 2006 surveillance was being set up outside the home of Mr. Jardines. Miami-Dade police and the U.S. Drug Enforcement Administration had gotten a tip that the Jardine household may be growing marijuana and trafficking the drug as well. On the morning of December 05, 2006 a police detective and his drug dog went up to the porch of the Jardine home. The dog “Franky” immediately set down, which is the communication the dog uses for positive drug smell. This information was then used to obtain a search warrant. Needless to say Mr. Jardine had over $700,000.00 in marijuana and was arrested. Invasion of Mr. Jardines Privacy and Trespassing Intrusion of the home is what Mr. Jardine says happened. His front door was shut and the front patio of a home is a part of the home. Therefore...
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...Origins of American Criminal Law Legal 320 Abstract The origins of American criminal law date back to England’s Magna Carta of the thirteenth century and basic rules of conduct regarding murder, robbery, and theft can be found in civilizations dating back thousands of years. The United States being a democracy, affords its citizens many freedoms and laws which non democratic countries don’t. This paper will discuss some of the issues which address the origins of criminal law in America. These issues will include the importance of the Fourth Amendment to the United States Constitution and its relevance to today’s criminal law, the specific powers granted to the federal government versus those that are granted to state governments to make criminal laws, an explanation of the four main goals or purposes of the criminal justice system, and a clarification of police power and the limitations on such power. (Gardner & Anderson, 2011) 1. The Fourth Amendment The purpose of the 4th Amendment is to deny the national government the authority to make general searches and seizures of property. A major issue over the years has been the interpretation of "unreasonable" searches and seizures. The rules can be complicated. They also change often, but the general principle is that searches are valid methods of enforcing law and order, but unreasonable searches are prohibited. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable...
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...private residence constitutes a violation of the Fourth Amendment. On December 21, 1911 Mr. Weeks was arrested by police without a warrant, at the Union Station in K.C. Missouri, where he was employed by an express company. While he was detained other officers entered his residency without a warrant and took several possessions that were turned over to U.S Marshalls. Later that same day The U.S Marshalls returned and took additional evidence to try and convict Mr. Weeks also without a warrant. What precedent or laws did the court use in order to come to its ultimate conclusion? The case raised a question about the Fourth Amendment. What kind of protection does the 4th Amendment provide for U.S citizens? How can the evidence gained by an illegal search be used? What kind of penalty will be issued to officers who gain evidence through illegal search? Mr. Week’s lawyers argued the 4th Amendment will be meaningless unless it provides some real protection. To say that people are safe from unreasonable search and seizures have no value unless it is clear that evidence from such searches cannot be used in federal court. Federal officials should not be able to break the law in order to force the law. Drawing on the Boyd v. United States case the court suggests that the essential violation was the invasion of Weeks right to personal security, personal liberty, and private property. How did the court apply the law to the facts of the case? The court found that the...
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...dismisses evidences that are obtained by abusing a delinquent's fourth amendment rights. The amendment is mandated to protect the citizens from illegal searches and arrests by law enforcing agencies. Per se, it can be regarded as the hallmark to the flourishing respects for the fourth amendment right in the United States. It is imperious to acknowledge that the rule was made in courts and not the conventional legislative protocols that involve statutes and members of the congress. It was a creation of the Supreme Court and, thus its application is confined within the jurisprudence of the legal system. The historical development of the exclusionary rule dates back to the 1990s. Whilst the development of the rule itself is uniquely American portent, the principle it protects and the justifications for its existence links to the vey origin of western civilization. To effusively grasp the advent of the exclusionary rule as promulgated in Boyd v. United States, it is critical to identify the theoretical foundations of law developed in Britain and America. Principally, two contradictory values can be cited as providing the validation and descent of all edict in the United States and the Britain especially England. These precise premises are the natural law and the positive law. The perspective of the positive law provides that the law is created by the people while the natural law constructs that the law has been in existence, with human being the...
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...Constitution, it would jeopardize individual liberty and give the federal government too much power. After fleeing the tyrannical monarchy of England, and battling in the Revolutionary War, the founders did not want this future nation to fall into the same fate. Eventually the Federalists and Anti-federalists agreed to a Bill of Rights, and in 1789 the Bill of Rights was ratified. Adding these 10 Amendments granted personal liberties and rights to the people, and further limited the power of the federal government. The 3rd and 4th Amendments both grant privacy and protection from the federal government in a person’s home;...
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...There are two models to the criminal process: due process and crime control. They serve as the basis for regulation and freedom as it pertains to the application of criminal justice and criminal law. The models are in constant opposition with each other to impose their importance to the system as it pertains to principles in the criminal justice process. Even with the dissimilarity between these two models of criminal law, they both have several positive traits. Similarities The due process and crime control models include an organized topic of standards key to the constitutional order on how criminal law is applied (Packer, 1968). “The machinery of criminal justice—police, prosecution, courts, and corrections—is the formal means by which order is maintained in our society” (Zalman, 2009, p. 4). The mechanics of the criminal justice system utilizes components from each model that are dependent on one’s own likings in regards to the criminal law procedure (Packer, 1968). Although these two models differ in principle, the commonality between them is the same. For example, both models consider the sanction of criminal behavior and recognizing a criminal are dissimilar procedures, when and if probable cause is found the criminal process may be put into effect and the judiciary system has an restricted authority of inquiry and arrest. They also form the basis for the function of the adversarial system, due process, and the defendant’s right to their day in courts (Zalman, 2009). ...
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...America The fourth amendment has given us the protection against unreasonable search and seizure but what exactly does that mean? To understand, one must define right of privacy, search, seizure, arrest, and reasonableness and how each of these relates to stop and frisk, automotive search rules, and requirements regarding border and regulatory searches. Have you ever been stopped on the street or anywhere and frisked by a police officer? Individuals should be aware of the rules regarding such a situation. In the state of New York, the people, "Mayor Michael Bloomberg" (Wells 2013, p. 1) and the district court judge "Shira Scheindlin" (Wells 2013) argued about reforming the stop and frisk policy. The objective issues in improving system addressed after a stop and frisk case won by the arrestee. In the case involving the arrestee "David Ourlicht" (Whitaker, 2013, p. 1) claimed he was wrongfully stopped and frisked. The officer stopped and frisked the defendant because the object in his pocket resembled a gun. The attorney representing the defendant argued his constitutional rights, and the stop and frisk was unconstitutional. The environment of the Missouri cities, counties, suburbs, and rural area are subject to society socialization, private activity, and deviant behavior which may cause the proper authority to respond to the nature of the action the same as in New York City. Society plays a significant role to deter activity that may lead to an arrest. Every law enforcement jurisdiction...
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...arrest warrant is required and when it is not. The Fourth Amendment protects citizens from unreasonable government searches and seizures of their persons, houses, and effects. It states no warrants shall be issued unless there is probable cause, supported by oath or affirmation, and specifically describes the place to be searched and the person or things to be seized. However, both the U.S. Supreme Court and federal courts have specified limited exceptions to the Fourth Amendment search warrant requirement. The seven exceptions to the Fourth Amendment...
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...The 10th Amendment to the Constitution states that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states Federal legislation that affects business must be based on an expressed unconditional grant of authority The Constitution also allocates power of the federal government among three branches of government First three articles of the Constitution establish the legislative, executive, and judicial branches; they’re independent branches of the federal government Constitution ensures that each branch maintains a separate sphere of power to prevent any one of them from obtaining undue power and monopolizing government control Constitution also establishes a system of checks and balances Each branch’s powers keep the other branches from dominating the government Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, but early common law established a process called judicial law Judicial law is the power of a court to review legislative and executive actions, such as a law or an official act of a government employee or agent, to determine whether they are constitutional Established in 1803 U.S. Supreme Court case Marbury v. Madison Also allows courts to review constitutionality of lower courts’ decisions Supremacy clause, located in Article VI of Constitution, provides that the Constitution, laws, and treaties...
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