...The New York Police Department has been using the “stop and frisk” tactic at an alarming rate. 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...
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...Describe the type of search the framers of the Constitution prohibited through the Fourth Amendment. Searches that were prohibited through the Fourth Amendment were, general warrant and searches, multiple specific warrants, nocturnal searches and no-knock entries that were considered unreasonable (pp.739.50, Cuddily, William). General warrant was the “preponderant behind the 4th amendment”, (Cuddily, William, p.771), According to Cuddihy he argued that these warrants were considered unreasonable. General warrants were used just because officers may disapprove or did not like you. Anyone that they wanted to target this type of warrants were used whenever they felted necessary. Nocturnal Searches and No-Knock Entries like general warrant these...
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...`````````````````````````````````````````````` Question 1: How did the police find this illegal material? Professor Angevine’s wife tipped the authorities of her husband’s activities. Officers from the Stillwater, Oklahoma Police Department seized the computer and turned it over to a computer expert who used special technology to retrieve the data that had remained latent in the computer's memory despite Professor Angevine attempt to erase the pornographic files. Question 2: Did the police obtain a search warrant before conducting this search? Yes, with the cooperation of Professor Angevine's wife, officers from the Stillwater, Oklahoma Police Department obtained a search warrant to look for child pornography on his University computer. Question 3: Then why wasn’t this search illegal under the 4th Amendment? Why didn’t the court hold this evidence to be inadmissible under the exclusionary rule? The Fourth Amendment guarantees the right of people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures. To establish a violation of the Fourth Amendment, however, a defendant must prove that he has "a legitimate expectation of privacy" in the place searched. This, in turn, requires defendant to show both that he has "a subjective expectation of privacy in the area searched" and that "that expectation must be one that society is prepared to recognize." In analyzing whether a defendant employee has reasonable expectation of privacy in spaces or equipment...
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...Unit Four Seminar Make-Up The Bill of Rights is intended to protect the citizens of abuse from police power. (Seminar.) This is a formal declaration of legal and civil rights in any state. This would be our amendments. The fourth amendment is the right for people to be secure in their homes against unreasonable searches and seizures which shouldn’t be violated under any circumstances. There are a few things needed for a warrant: probable cause is one of them along with neutral or detached magistrate meaning a state chief investigator or a state general attorney issued by him or her is invalid. The magistrate must approve the warrant before it can be issued. And particularity requirement meaning that the warrants must describe the particular...
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...regulations for later legislatures to follow. The laws guide citizens and other figures from wrongdoing. Most laws, however, are directed at protecting the citizens under the law. The amendments in the Constitution, however, significantly play a role in protecting the citizens under the United States Constitution. Of the amendments, the 4th amendment grants citizens the rights against “unreasonable searches and seizures” (Schmalleger 2013). However, if this amendment is breached, the exclusionary rule applies, regarding any evidence obtained illegally unusable in trial. The evidence that is obtained illegally may not be used on the accused. The exclusionary rule protects citizens from unlawful searches. For example, if an officer pulled over a citizen for speeding, the police officer has the right to question the driver. The police officer also reserves the right to check for a valid driver’s license and insurance. However, for a routine traffic stop, the officer does not have the right to search through the trunk of the accused without a warrant. The law grants reasonable searches, as opposed to unreasonable searches – searches without a warrant. The exclusionary rule applies to all evidence obtained and related to a case. The Fruit of Poisonous Tree Doctrine denotes that “later evidence that derived from the illegal seizure” may also not be permissible in court (Schmalleger 2013). In other words, if the evidence previously obtained is illegal, the relating evidence later is also tainted...
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...Terry stop. They include what has become known as the "reasonable suspicion" standard. 392 U. S., at 20-22. Justice White, in a separate concurring opinion, set forth further conditions. Justice White wrote: "Of course, the person stopped is not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest, although it may alert the officer to the need for continued observation." Id., at 34. After Terry v. Ohio case, police officers only needed reasonable suspicion to search a person for weapons. However, the search is strictly limited to weapons. The case did not do much to change law enforcement or policing. It did, however, codify law enforcement officer's rights to self-protection during citizen 'contacts or stops for "reasonable suspicion" only. Police are entitled to search a suspect based on reasonable suspicion rather than the much higher standard of probable cause. A police officer now has the right to detain and search any individual, without...
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...1.Introduction The Bill of Rights is the name for the first ten amendments in the . One of the amendment is the right to privacy, the right to illegal searches and seizures; the right to a warrant. The original words are “ 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 upon probable cause, supported by oath or affirmation , and particularly”(The constitution). This amendment was written on September 25,1789 and ratified in December 15,1791 . The amendment I will be discussing you is the fourth amendment , this amendment gives you the right to have privacy and secures it against any unreasonable searches. This amendment was added...
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...USB. His belongs were returned on December 22, 2010 but the government kept several copies of his data. In May 2011, the American Civil Liberties Union and the ACLU of Massachusetts filed a lawsuit claiming that the suspicion less search and seizure of Mr. House’s personal belongings and data was unjust and he was targeted simply due to association. However, the government tried to dismiss this lawsuit and it was denied in March of 2012 by the U.S. district judge stating that the first amendment rights remain unbroken even if the government does not need suspicion to search belongings. In May of 2013, a settlement was entered stating that the government destroy all copies of data and hand over all reports of data inspection, instructions specifically stating to stop Mr. House at the border,...
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...their company’s ability to thrive securely. Assets can be the trade secrets of a company, their network, confidential data, computer hardware, and lastly, its employees. Employers have a difficult decision of deciding the rights of their employees versus protection of themselves. Employers also feel that they have the right to monitor their employee’s internet usage, email, and telephone calls to prevent liability from sexual harassment within the company via email (inappropriate jokes) and to monitor computer usage for employee performance instead of second-hand reports from managers. The Fourth Amendment to the U.S. Constitution guarantees "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" (U.S. Const., amend. IV). (Rothstein, n.d.) What about the employee’s rights and protection? The Fourth Amendment is supposed to...
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...Search and Seizure in America CJA/364 February 10, 2015 Search and Seizure in 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...
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...unpaved road and area Know to be taken by drug smugglers * respondents minivan set off the magnetic sensors which are used to alert boarder officer * Officer Stoddard spotted the respondent and asked permission to search the minivan * Issue(s) * Does Agent have good cause to stop Respondent minivan in compliance of the Fourth Amendment? * Holding * The court rule in favor of Agent Stoddard after examining the facts stated Stoddard had reasonable suspicion to believe that respondent was engage in drugs smuggling * Reasoning * The court applied the reasoning Stoddard to inter from his observation, registration check, experience as a border patrol agent. Stoddard had reasonable suspicion to believe that Arvizu was engaged in illegal activity, having considered the totality of the circumstances and given due weight to the factual inferences drawn by the law enforcement officer and District Court Judge. The Court reasoned that, although each factor alone could have appeared innocent, when taken together they sufficed to form a particularized and objective basis for Stoddard's stopping the vehicle, making the stop reasonable within the meaning of the Fourth Amendment * Evaluation/Rule of law: The Fourth Amendment prohibits "unreasonable searches and seizures" by the Government, and...
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...an activity is a search within the meaning of the Fourth Amendment? Privacy approach it’s deciding what constitute a search. The government argued there was no search of a person, house, papers, or effects, so the Fourth Amendment did not apply. 2. Please explain the Exclusionary Rule? How does the case of Mapp v. Ohio (1961) relate to the rule? Exclusionary rule is a rule of evidence that excludes evidence from being admitted in criminal trial. This rule relate to the case Mapp v. Ohio for the first time to protect the rights by the Fourth Amendment as the protection of the rights of the citizens of freedom from unreasonable search. 3. How does the plain view doctrine differ from the open fields doctrine? Plan view doctrine...
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...the right to enter to search your house and took you to the police station for questioning. Once, at the police station the investigator force you to confess to the crime that you didn’t commit. After being force to confess you were charged for robbery because you match the description of the suspect they were 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...
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...this paper it discusses the probes by which a search warrant is sought and issued, who issues and what is needed to issue it. Also discusses how the warrants are issued through the Fourth Amendment and why. Discusses Probable cause and what it is and the reason why it’s called probable cause. Talks about search less warrants and gives examples of several. The rationale for allowing warrantless searches. Also the rights that an officer has during a search and why. Items or rooms that may need an additional warrant. Criminal Justice Unit 3 The process by which a search warrant is sought and issued, in law search warrant is a written order by an official of a court. The warrant gives an authorization to an officer to search a person in a specific place for specified objects and to confiscate them if found. Under criminal code, a search warrant can be sought according to the constitution of a particular state. The objects required for a warrant may be stolen goods or physical evidence of the commission of a crime. (For example) Narcotics Smuggling, and Black Marketing. (Law Teacher.net) The constitution of the United States provides system of checks and balance among the legislative and judicial branches of government (The Fourth Amendment warrant requirement, 208). The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and taking possession by legal process. It also states that a search warrant may be issued only by pledge or affirmation...
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...The most important amendment is the fourth amendment because the it says, “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.” It is basically saying that they wrote this law because tax collectors were abusing their powers by searching the colonist homes for illegal goods, and these general warrants allowed any messenger or officer to search a suspected place without any evidence. It also allowed them to arrest people without even saying what they did wrong or showing evidence. Also, Virginia banned the use of general warrants later because they were scared of the generals doing that and if they were next. Later on, it became the fourth Amendment in the Bill of rights. In my opinion the fourth amendment is the most important because there were people who were getting arrested or generals that were invading people's houses for no reason. This amendment is used today because that means that in order for a police officer to arrest or search someone's house, they will need...
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