...The Fourth Amendment The Fourth Amendment focus on search and seizure law and it declare that gives a person the right to be protected against unjustifiable searches and seizures shall not be dishonored, and no warrants can be issue without probable cause. The fourth amendment is significant because the creator of the constitution recognized that government interference in the rights of the public was criminal. At one-time country laws were absent in regards to privacy matters. The government had limitless control to stop, investigate, and interrogate any person of their choosing in a group without any noticeable cause to do so. Harassment from a person of higher authorities was commonplace and the typical resident had no opportunity to stop unjustifiable searches and seizures. Today, the fourth amendment safeguards the general public from superfluous governmental actions. As a result, it compel the government to follow a reasonable standard when it extend to the privacy and the idea that a person is innocent until guilty confirmed, and privacy is vital until realistic suspicion put forward that guilt has been publicized. Powers of the Federal Government vs. the State Government The Constitution outlines and confines the authority of the federal government, identifies the connection between the federal government and separate state governments, as well as guarantees the constitutional rights of the people of the United States. Articles I to Articles VI in the Constitution basically...
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...The Fourth Amendment of the United States Constitution protects against unreasonable searches, and the New York City Police Department’s use of “stop and frisk,” in general, stopped people on the street without any reasonable suspicion that the individual had participated in criminal activity. The New York City Police Department’s policy of implementing “stop and frisk” so broadly violates the Fourth Amendment. The Fourth Amendment protects “the right of the people to be secure in their persons… papers, and effects, against unreasonable searches…” The Federal District Court in Manhattan has since opinioned that the New York City Police Department’s use of “stop and frisk” is in violation of the Constitution. The brief nature of the stop and search of the individuals does not make the process reasonable. The act of stopping a citizen in public and questioning and searching him or her no matter how long or short the engagement constitutes a search and as such requires reasonable suspicion. This interpretation is derived from the clear opinion of the Supreme Court stating that a person’s Fourth Amendment protections are not limited to the confines of one’s house, but can be expected as one walks the street or travels the road. Therefore, it is necessary for the United States Court of Appeals for the Second Circuit to affirm the judgment of the district court and guarantee the reformation of the New York City Police Department’s use of the “stop and frisk” tactic. The Fourth Amendment...
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...is a fourth state of matter. Sir William Crookes discovered plasma in 1879. Plasma is a state that is formed on matter when a certain amount of particles is ionized. Although solids, liquids and gases are more familiar to us on Earth, over 99% of the matter of the Universe exists as plasma - in stars, like our Sun, or as interstellar matter. Also, the Sun is so hot that the hydrogen and helium of which it is made exists as plasma. Plasma is an electrically charged gas. In plasma, negatively charged electrons have been pulled out of atoms. The atoms are left with a positive electric charge. These positive and negative charges are able to move around freely. Because the charged particles in plasma are free to move, they are able to conduct electric currents. They also respond to magnetic fields, usually in an unpredictable way. Besides, the Northern and Southern lights - aurorae - are created by plasma in the Solar wind responding to the Earth's magnetic field. Particles thrown out from the Sun strike the Earth's atmosphere so hard that they break down gases into plasma, creating the Aurorae. Lightning strikes when air changes from a gas to plasma. Air molecules are quite stable, so this change takes a lot of energy - the result is catastrophic. Some gases change into plasma much more easily. These gases are used in fluorescent tubes, or in the plasma tubes that simulate lightning. Anyone who took elementary science in grade school recalls the lesson about the three states of matter...
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...foundations of criminal law paper With the safeguards that the Constitution gives with the fourth, fifth, also the sixth amendments, they depicted as the means to the value of the due process. The three laws are in place, to make sure that to make the environment society lives in protected. Within this paper, it will discuss these three rights, and the safeguards that come with them. That will help the adults as well, as the juvenile’s daily basis in the court process. Will show you how they keep both, of these courts setting fair and just to all that have to come through them with these amendments. With the fourth amendment made, in law to stop unfair searches and seizures of people’s property that he or she owns without any warrants. In addition, cause to do so however through the years court systems, like the Supreme Court has granted alterations to the fourth amendment. Like given law enforcement access search an individual who has in custody, from a criminal offensive also they view something that is illegal gives them permission. To search the person property, they feel that the environment of the suspect is unsafe, for them and to the law enforcement officers in there as well (pg.608, J. David Hirschel). With youth, offenders there are limitations on the fourth amendment. Youth that beneath the age of eighteen, which has already tried for doing a criminal offensive can use the fourth amendment in the criminal situation that they face. However, if the youth offender charges...
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...foundations of criminal law paper With the safeguards that the Constitution gives with the fourth, fifth, also the sixth amendments, they depicted as the means to the value of the due process. The three laws are in place, to make sure that to make the environment society lives in protected. Within this paper, it will discuss these three rights, and the safeguards that come with them. That will help the adults as well, as the juvenile’s daily basis in the court process. Will show you how they keep both, of these courts setting fair and just to all that have to come through them with these amendments. With the fourth amendment made, in law to stop unfair searches and seizures of people’s property that he or she owns without any warrants. In addition, cause to do so however through the years court systems, like the Supreme Court has granted alterations to the fourth amendment. Like given law enforcement access search an individual who has in custody, from a criminal offensive also they view something that is illegal gives them permission. To search the person property, they feel that the environment of the suspect is unsafe, for them and to the law enforcement officers in there as well (pg.608, J. David Hirschel). With youth, offenders there are limitations on the fourth amendment. Youth that beneath the age of eighteen, which has already tried for doing a criminal offensive can use the fourth amendment in the criminal situation that they face. However, if the youth offender charges...
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...The growing of marijuana plants indoors or anywhere else without a license is illegal. That is undebatable. However, the legality of the way evidence was secured in the case regarding DLK growing marijuana indoors is highly debatable. Under the Fourth Amendment, the government cannot search or seize one's property without a warrant or the owner's consent. In Kyllo v. United States, F.B.I. agents tried to obtain a warrant. However, the judge stated that their evidence given by the F.B.I. wasn't adequate to issue a warrant. The F.B.I. used a thermal imager to gather more evidence to suggest that DLK was indeed growing marijuana plants in his abode. The FBI obtained a warrant to search the house and found hundreds of marijuana plants and many...
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...Frederick Douglass is called “What to the Slave is the Fourth of July?” along with the time of slavery but it was hard for him to win over the white majority of the audience. The speech was used to give the idea how bad slavery was by using persuasive techniques. Douglass used many techniques such as rhetorical questions and Ethos, Pathos, and Logos. Logical claims and statements made by Douglass. Douglass is giving a logical point of view about the situation. Douglass states “There are seventy-two crimes in the state of Virginia, which, if committed by a black man (no matter how ignorant he be), subject him to the punishment of death; while only two of these same crimes will subject a white man to the like punishment.” The quote...
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...In a trial court held in California, Brendlin filed a motion in order to have the evidence at hand suppressed, claiming that the stop had been an unreasonable seizure in violation of the Fourth Amendment. The motion was denied, having Brendlin plead guilty to manufacturing methamphetamine. In denying the motion to suppress the drug evidence, Sutter Superior Court Judge Christopher R. Chandler held that Brendlin was seized when Brokenbrough demanded him to exit the Buick, not at the point of the traffic stop. Chandler reasoned that Brendlin was free to leave if he really wanted to (Bay). A California Court of Appeal reversed the decision, holding that a traffic stop naturally concludes in a Fourth Amendment seizure...
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...University of Phoenix Material Acquiring Admissible Statements Worksheet Conduct an Internet search by visiting the state websites for Arizona, Illinois, New York, and California. Locate the legal requirements to obtain admissible statements in these states. Include your research findings in the following table. |State |Legal requirements |Precedent |Other | |Arizona |The legal requirements for |Brown v. Illinois takes |The Private Safety Exception | | |obtaining admissible statements |precedent over the admissibility|states that when a suspect is in| | |under the Arizona law, according|of a statement, if the Fourth |need of medical help statements | | |to (Arizona Revised Statues, |Amendment is violated, then any |may be admitted even if the | | |Rules of Criminal Procedure, |material or evidence, which was |Miranda law was violated in | | |Rules of Evidence & More, n.d.),|gained from the violation of the|order to save that person’s | | |“admissibility statements under |Fourth Amendment, is also |life. | | |oath by a party or witness |inadmissible. ...
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...Issue: Whether the fourth amendment search and seizure constitutional right was in violation in Encinitas, Ca. when Mike Pilazzio and his passenger, Mrs. Walden was pulled over after Mr. Pilazzio crossed a sold double yellow line, not giving him permission to search his belongings in result finding a purse full of crack cocaine without probable cause. Rule: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches 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 to be seized.(1) Exclusionary rule: There are thirteen exclusions to the Fourth Amendment rule, which follows: Probable cause, Consent searches, Probation searches, Search incident to arrest, Stop & Frisk, Exigent circumstances, Plain view, Vehicle searches- the search and seizure of stolen or forfeited goods, or goods subject to a duty, and the personal effects searched or seized for evidence. If a vehicle is impounded or if there is probable cause, law enforcement does not need a warrant. Border searches, Open fields, abandoned property, Consent searches, Administrative (2) Does not support the case: Carroll v. United States Robbins v. California Does support the case: Knowles v. Iowa Wyoming v. Houghton History: On the morning of November 12, 2013, Mr. Mike Pilazzio...
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...has as Americans. In his speech “What to the Slave is the Fourth of July?” he claims that the United States cannot consider itself a free country if all its people are not actually free. Similarly, Elizabeth Cady Stanton argues the point of women’s equality in part of her speech from the Declaration of Sentiments of the Seneca Falls Woman’s Rights Convention. Women were not treated as equally as the men were. By comparing and contrasting Douglass’s and Stanton’s speeches it is clear that...
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...The Fourth amendment states that you have the right of privacy in your home and body. However, that right was violated when the government scanned DLK’s home. Federal agents suspected that DLK was growing marijuana in his home, and scanned the outside of his home with a thermal imager. The thermal imager was able to detect unusual heat waved in certain places of the house. Thus, the question is, did the government go too far with the right to investigate a place as well as the right to take evidence by the government? The answer to that question is yes for three main reasons. The government violated DLK’s 4th amendment rights, a warrant was needed to scan the house, and the government invaded his privacy because they used technology that enhanced...
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...protects us from unlawful searches. With the growing problem of police misconduct, the exclusionary rule was put in place to curb this misconduct. This rule basically is what enforces the fourth amendment stating that if any evidence is obtained through an illegal search or seizure of a person or their property, it will be suppressed in court. In order for the exclusionary rule to be in effect, there are three main criteria that must be met. For starters, an officer of the law must have performed an illegal action. Next, evidence must be secured. Finally, the first two criteria must have at least a slight coincidence with each other. Even if all three of these are present, if they can’t all be proved, the exclusionary rule would be exempt. It is the defenses job to notice if this has happened and file a petition to suppress the evidence obtained. When this occurs, the prosecution must then prove them wrong. It’s kind of a “guilty until proven innocent” situation for the prosecution. There are three exceptions that the prosecution should look at when trying to prove their case. The Independent Source doctrine is the first exception. This doctrine says that if evidence is obtained illegally the first time, it can still be used in court if it is re-obtained in a legal matter. The second exception is Inevitable Discovery Doctrine. This doctrine says that if evidence is obtained illegally, but would have been hypothetically discovered anyways, it can still...
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...Hatfield v. McDaniel et al Doc. 58 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JERRY BENNETT HATFIELD, III, ) ) Plaintiff, ) ) v. ) ) JOHN MCDANIEL, et al., ) ) Defendants. ) CASE NO. 2:11-CV-590-WKW [WO] MEMORANDUM OPINION AND ORDER This case involves the allegedly illegal search and seizure of Plaintiff Jerry Bennett Hatfield’s store and computer. The matter comes before the court on the Motion for Partial Summary Judgment filed by Defendants John McDaniel, Gary Graves, Robert Furlong, and the City of Prattville, Alabama. (Doc. # 25.) The parties have argued their positions extensively: Mr. Hatfield filed a Response (Doc. # 29), to which Defendants responded (Doc. # 35), to which Mr. Hatfield filed a sur-reply, to which Defendants responded (Doc. # 45). For the reasons discussed below, summary judgment is due only on Mr. Hatfield’s Fourteenth Amendment and negligence claims. As to Mr. Hatfield’s Fourth Amendment claims, summary judgment is improper. Dockets.Justia.com I. JURISDICTION AND VENUE Subject matter jurisdiction over this action is exercised pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1343. The parties do not contest personal jurisdiction or venue, and there are allegations sufficient to support both. II. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Jerry Bennet Hatfield, III, runs a car stereo store in Prattville called Powerhouse Audio. Sometimes Mr. Hatfield accepts trade-ins, which are not always the...
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...Civil Rights and Liberties Supreme Court Case 2 Douglas Ganim Thursday, November 5, 2015 VOTE: 5-4 in favor of Sally Spyalot, Director of National Security Agency JUSTICE ALITO delivered the opinion of the court Shortly after September 11, 2001, at the request of the National Security Agency, several of the major phone companies were asked to provide phone records for all calls made within the United States, and all calls made to the United States from other countries. The data the NSA received, provided information on the phone number the call was made to and from, the call’s duration, the date of the call, and the time of day. No Financial data, nor content of the calls, were ever obtained by NSA. This action proceeded without a warrant for any of the information provided. In addition, there was no individual suspicion since this was considered “meta-data” or “bulk data collection” of phone records. The vast majority of the data was analyzed by computer programs and never looked at by NSA personnel. Before we delve into an analysis of the court’s decision in this case, it is prudent we first address an important point. Prior to the September 11, 2001 terror attacks, few American’s contemplated a threat to homeland security. Today, the fear of terrorism is ingrained in our daily thoughts. Following the events of 9/11, American’s sense of safety nearly vanished, and the direction, and scope of national security were forever changed. The National Security Administration...
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