Free Essay

Amendment Essay

In: Other Topics

Submitted By def8jam
Words 550
Pages 3
Amendment Essay Jake Russell AJS/503 Intro to Graduate Study in Criminal Justice
April 11 2015

Many law enforcement officers have been accused of illegal searches and seizing property for evidence illegally with no probable cause. That is unconstitutional according to the fourth amendment. The fourth amendment protectects the right of the people to be secure in their homes, cars, any personal belongings, and no warrant can be issued without probable cause. That means an officer can't just infiltrate your home because he thinks some drugs are inside. Him/Her will need sufficient reason based on facts known to believe a crime has been committed or that certain property is connected with some illegal activity. In an New York Times article Newark, New Jersey has had several instances of unlawful practices and illegal stops and searches by police officers. To deal with these problems a proposal to have officers wear cameras and also make some changes to individual department policies on search and seizures has been made. The justice department revealed a document stating that seventy­five percent of people stopped was without probable cause, and the majority people stopped by the police were minorities. Even the property seized unjustified such as drugs and firearms was gone unreported. The fourth amendment was created just for this issue. Some officers take too much authority in their own hands and go against the constitution. In an article by officers in
Passiac County, New Jersey executed the correct way of a legal search after search warrant was issued. A man by the name of Mariusz Cebula was home when police came to his residence to serve him with a restraining order. When serving the man with the restraining order officers search his home due to a criminal complaint. During the search police found a hidden bunker in a lower basement and they found an assault firearm believed to be a machine gun
Uzzi. Machine guns are illegal. Any gun that can be fired multiple shots with a single pull of the trigger is against the law. Police also found multiple other weapons with serial numbers missing and also a silencer. Cebula could face up to a fine of $250.00 or up to 10 years in prison.
Securing the warrant was the major key to the arrest. What led them to the search was the restraining order the police officers had to serve. He had a criminal complaint that led them to the search where they discovered the hidden weapons below the home located in a bunker. If police would have seized any of that property without the warrant then any of the evidence found would have had to be dismissed from the court. Police can lose a case for the District
Attorney making a decision that is unlawful for seizing any property without probable cause.
Police can also be subject to a lawsuit for discriminating or racial profiling someone to conduct a search. The Fourth Amendment was added to the Bill of Rights on December 15 1791. I feel this amendment is very important to the people. Our country is a democracy where the people have a voice in our government decisions. This amendment protects officers from trying to be above the law and go against the constitution.

Similar Documents

Premium Essay

Amendment One Essay

...Amendment Essay Twenty-seven amendments have been ratified since the original signing of the Constitution, the first ten of which are known as the Bill of Rights. The Amendments to the United States Constitution have had a major effect on American life. A major feature of the Constitution is the capability of changing the document in order for it to become accustomed to the changing times and conditions. There are a few methods in order to change the Constitution. An amendment proposed by 2/3rds vote in each house of congress could be approved by either one of two ways. It must be either ratified by 3/4ths of the State Legislature or by the Constitutional Conventions in 3/4ths of the states. To approve an amendment proposed at a National Constitutional Convention it must also be ratified by 3/4ths of the State Legislatures or by a Constitutional Convention in 3/4ths of the States. The First Amendment, freedoms, is one of the most known and the most important of all. A historical event that led to this amendment was that the new American settlers brought with them a desire for democracy and openness after the American Revolution. They left behind a history of tyranny and official control of information. Using this experience as their guide, the constitutional fathers wrote into their new Constitution a Bill of Rights, which contained the First Amendment. This Amendment was created so that the people would have the freedom to express themselves without worrying. Disagreement......

Words: 549 - Pages: 3

Premium Essay

In Our Defense. Amendments Essay

...some controversies on the extent of how far these rights go. The first amendment most importantly protects freedom of speech. Dennis Mahon, a member of the KKK, was trying to exercise his freedom of speech, through airing a television program called “Race and Reason.” The Missouri Knights group chose public cable access to broadcast because they were free of any editorial control from the cable company. It was originally denied its request to air because there were regulations that the show had to be produced locally. It had to change its name to the “Klansas city Kable.” The main idea of the show was with the racial issues and exposing government bureaucracy. The studio was located in a neighborhood that consisted of 95% black people. The cable company was concerned that violence would occur and that viewers would cancel their subscriptions. Reverend Cleaver did not think that the show was an exercise as free speech; instead he saw it as a terrorist organization. According to the Supreme Court, the struggle between the fear of violence as a result of speech and the promise of the first amendment has produced probably the most famous one in all of the constitutional law: the “clear and present danger” test is the concept that the government itself cannot punish people for the freedom of speech unless it creates clear and present danger. Since the freedom of speech is the most protected of the amendments is was difficult for Cleaver to get the show canceled. They then......

Words: 2334 - Pages: 10

Premium Essay

An Essay on the Original Intent of the Second Amendment

...The Second Amendment to the Constitution of the United States: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” The Second Amendment has been the subject of controversy only for roughly the last 80 years. Even though, as some argue, the Framers themselves argued over its wording, the almost universally accepted opinion was that it guaranteed an individual right. It was in 1934 that the first attempt at universal gun control on a national level occurred. In 1934, the United States was at the height of the Great Depression (Kangas, 1997). In 1933, the 18th Amendment to the Constitution had finally been repealed, marking the end of the noble experiment known as “prohibition”. The fourteen years of prohibition had nurtured an atmosphere of speakeasies, bootlegging, gangsters, and mafia. The year following the repeal of prohibition was marred by some of the worst gangster violence in American history. John Dillinger and Baby Face Nelson were on the run. Bonnie and Clyde were killed in that year (1934 in the United States, 2013). The nation had just finished its war with Al Capone’s gang (Al Capone, 2013). The people were tired of the unrestrained violence and, in an apparent classic effort to obtain safety at the expense of liberty, were willing to accept limits on the right to bear arms. Although this discussion is not about the history of gun control but about the right to bear......

Words: 2488 - Pages: 10

Premium Essay

Citizenship Debate

...statements support her argument by giving actual representation within early American History of a case/example involving birthright citizenship. Through her appeal to logos with these statements of American History it makes the audience evoke a much rational, cognitive response. Therefore her statements made in the story are very convincing due to a real reference from history. Style and Structure 2. I believe that the logical fallacy Chavez claims that her opponents commit is the belief that the Fourteenth Amendment was passed for the citizenship to the freed slaves, and not for the children of illegal aliens. I do not agree with Chavez that her opponents had committed a logical fallacy. At the time of the emancipation of slaves, the now freed slaves needed to somehow be citizens of America, because they were now part of our nation and no longer considered “property”. Illegal aliens were not evident at this time, therefore I don’t understand why they must use an amendment intended for the freed slaves as their reference to the right of birthright citizenship. 3. I actually do believe that this was a good way to start her 3rd paragraph. Being that she is a conservative, writing to other fellow conservatives, it makes the audience want to find out “why?” Chavez states her point using an aggressive tone through her emotional opinion, and now she must P.E.E all over her paper. With this general point/opinion, the audience was probably wishing to understand why Chavez......

Words: 939 - Pages: 4

Premium Essay

5.5.3 Test (Tst)

...What were the social and political consequences of the Civil War? What factors led to the expansion of the United States during the period after the Civil War, and what were the effects of expansion? Section 1: Short Answer Questions (30 points) Write multi-sentence responses for the prompts below. Be specific and give examples from the history we have learned. A. An amendment to the U.S. Constitution changes laws for the entire country. Three amendments changed laws especially for African Americans. Explain how each of the following amendments changed the law for African Americans. (10 points total) a. Thirteenth Amendment (3 points) The thirteenth amendment ended slavery and involuntary servitude except for punishment as a crime. It prevented African Americans from being forced back into slavery. b. Fourteenth Amendment (4 points) the fourteenth amendment addresses citizenship rights and and equal protection of the laws. It was proposed in response to issues that were related to former slaves. c. Fifteenth Amendment (3 points) The fifteenth amendment prohibits the federal and state governments from denying a citizen the right to vote based on color, religion, and race. B. Answer the following questions:(10 points) a. What challenges did the United States face in redefining the Union after the war? (1 pt). Briefly tell what these events were and analyze their......

Words: 421 - Pages: 2

Premium Essay


...First Amendment: Religion and Education Grand Canyon University: POS: 500 October 20, 2015 Religion and the First Amendment An examination of the First Amendment legal issues that arise when a student turns in an essay and the displaying of religious nature for an assignment will provide insight into how the First Amendment applies to classroom assignments. Each reason will provide important insight, information, and court cases to better help in giving a view of the first amendment in regards to religion and education. Legal Issues Regarding Grading of Assignment When grading a student essay, there are some legal issue that need to be considered. As a teacher, you cannot not accept a student’s work due to it containing anything related to religion. A school district has to abide by the Establishment Clause of the First Amendment. In my school district, all students have a right to express themselves whether it is on a religious topic or something related to religion. A teacher should not grade a student’s essay on any religious topic based on their own beliefs, penalized, nor rewarded, but grade it by using regular academic standards and the content of the work (Saccopoulos, 2008). A school should never give the impression that they endorse any religious belief over another belief (Teaching Tolerance, 2014). While looking into the legal issues related to this scenario, the next step is to determine the proper displaying of student’s work. Appropriateness of......

Words: 780 - Pages: 4

Free Essay

Fifth Amendment

...The Fight for the Fifteenth Amendment The fifteenth amendment to the United states constitution prohibited the United States government to deny someone suffrage based on color or race. The fight for suffrage for African Americans was a long one and took the help of many people and their words and ideas to finally win. However, it was a small step for mankind. African American men finally gained the right to vote, but where did that leave women? Fredrick Douglass and Elizabeth Cady Stanton were two important writers dedicated to the cause of gaining the right to vote. Although their struggles were similar in nature, the difference between gaining suffrage for all races, and gaining suffrage for both sexes raised arguments between what should have been a collaborative force. In Fredrick Douglass’ essay “Learning to Read and Write” and Elizabeth Cady Stanton’s essay “Declaration of Sediments and Resolutions” there were significant shared literally binaries. First off is the underlying factor Civilized v. Uncivilized. This is relevant to the argument because they both are considered uncivilized so they can’t vote. Secondly, Mental Darkness v. Education. Douglass wasn’t able to be educated because he was a slave to a white family and it was looked down upon for him to be educated. Stanton was a woman therefore she was seen by society as less intelligent even though she wasn’t. Third is Depravity v. Innocence. Both of them were being treated wrongly by someone above them and......

Words: 892 - Pages: 4

Free Essay


...This essay will discuss some of the main topics covered during this week’s readings. This essay will discuss the steps that must be taken to make amendments to the United States Constitution, the reasons the ten amendments that make up the Bill of Rights were successfully added to the United States Constitution and why the Equal Rights Amendment was not added. This essay will also discuss what ideology is and the differences between liberalism and conservatism and will lastly outline the differences between Dual Federalism and Cooperative Federalism. Let’s first discuss what steps must be taken to amend the United States Constitution. In order to amend the United States Constitution the amendments may be proposed by the United States Congress or by a national convention assembled at the request of the legislatures of at least two-thirds of the several states (Bardes, Shelley, and Schmidt, 2012, pg. 53). Another method that can be used to make amendments to the United States Constitution is ratification, although this method in the past has rarely been used, but it can occur by two methods either by obtaining a positive vote of at least three-fourths of the legislatures of several states or by having special conventions called in the states and obtaining a positive vote in three-fourths of them (Bardes, Shelley, and Schmidt, 2012, pg. 53). Congress has considered more than eleven thousand amendments to the Constitution, but only thirty-three amendments were submitted to......

Words: 759 - Pages: 4

Premium Essay

Bill of Rights and Amendments

...The Bill of Rights and Amendments Throughout history the United of States experiences several of events. These events made an impact on our nation which left a mark. The impact of the events led to the changes of the constitution which are referred to as amendments. The original ten amendments made to the United States Constitution are known as the Bill of Rights, these were created by our forefathers. This essay will discuss, the understanding of why did our amendments became a part of the constitution, and what issues of the original documents motivated the adoption of the Bill of rights. People and the government are constantly making changes which could affect their lives as well as others. Therefore, there were many effects because the Bill of Rights. This essay will further discuss the problems with the original document, the changes in society, which led to later amendments, and the effect of those amendments. How and why the amendments become part of the Constitution In order to adjust to society constantly changing, there are changes made to the constitution. It is mention within an article that changes could be made to the constitution. Making changes involves proposing an amendment following ratification, through this process the amendment become a part of the constitution. This process consist of The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the......

Words: 791 - Pages: 4

Premium Essay

Bullying at Work – a Safety Matter or an Employment Issue?

...EMPLOYMENT LAW ESSAY – LAW 363 Question: - “Bullying at work – a safety matter or an employment issue?” I. Introduction In the past, bullying has been reduced to an issue that occurs in the school yard amongst children. It had little scope in terms of being appreciated as a form of harm inflicted outside of these realms. However, the presence of this harmful treatment in the workplace cannot, and lately has not, been denied. This essay will discuss the variety of changes which have been seen over the last year in relation to workplace bullying legislation, as well as the changes which are still to come. This essay will draw upon the information provided in the original report made by the House of Representatives Standing Committee on Education and Employment (“the Committee”) in October 2012 titled Workplace Bullying – We just want it to stop, (“the Report”), which gave way for the changes that will occur from 1 January 2014 as a consequence of the recent passing of the Fair Work Amendment Bill 2013 (“the Bill”). In reflecting upon these resources, this essay will show how bullying at work should be seen to be both a safety matter and an employment issue, and further this point by demonstrating that distinguishing it as one or the other is not necessary, nor is it desirable. II. The Confusion Around Bullying a. Prevalence One of the hardest tasks in the past when it came to legislative regulation of bullying was the inability to accurately measure the prevalence.......

Words: 1949 - Pages: 8

Premium Essay

Restrictions of the First Amendment

...Essential Restrictions on the First Amendment Limitations on freedoms of society are crucial, especially in America. As Roger Rosenblatt noted in his essay, “We Are Free to Be You, Me, Stupid and Dead,” many people express their freedom of speech in very offensive and controversial ways. Often their expressions violate other amendments and freedoms as well. A few examples given by Rosenblatt included acts of freedom of speech performed by professional sports players. Many believe these were just their statements of opinion and in turn, their right as an American. However, I find them offensive to say the least. One problem with their open dialect is the position they hold in society. As a public figure, representing a professional sports team, they should not be able to vocalize such ignorant thoughts. Not only do many people in America and other countries as well, idolize them, they also represent the team they are employed by. This gives the whole team a bad reputation, among others. As an American, we all equally have the right to be whomever we choose. By stating their opinions of non-acceptance, they are violating other freedoms expressed by those they offend. In his essay, Rosenblatt made a very relevant point when he said, “Freedom is like a legal drug. How far will we go?” Limitations of our verbal freedom are not only necessary but important for our society’s wellbeing. His example of the interview with Philip Morris was a seamless example of what offends......

Words: 377 - Pages: 2

Premium Essay

Women Rights

...Home Search Essays FAQs Tools Lost Essay? Contact Essay Color Key Free Essays Unrated Essays Better Essays Stronger Essays Powerful Essays Term Papers Research Papers Privacy Our Guarantee Popular Essays Excellent Essays Free Essays A-F Free Essays G-L Free Essays M-Q Free Essays R-Z Essay Topics Plagiarism Donate a Paper Women's Rights Rate This Paper: 1 2 3 4 5 Length: 467 words (1.3 double-spaced pages) Rating: Red (FREE) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Women had it difficult in the mid-1800s to early 1900s. There was a difference in the treatment of men and women then. Married women had few rights in the eyes of the law. Women were not even allowed to vote until August 1920. They were not allowed to enter professions such as medicine or law. There were no chances of women getting an education then because no college or university would accept a female with only a few exceptions. Women were not allowed to participate in the affairs of the church. They thought they were totally dependent on men. Then the first Women's Rights Convention was held on July nineteenth and twentieth in 1848. The convention was assembled as planned, and over the two days of discussion, the Declaration of Sentiments and twelve resolutions received agreement and endorsement, one by one, with a few amendments. The only resolution......

Words: 543 - Pages: 3

Premium Essay

Governmental Policies

...Law Day Essay “No Courts, No Justice, No Freedom” How Do Courts Protect Our Liberties? --- For hundreds of years the forefathers of the United States of America had been undertaking the task of creating and constantly amending a constitution that all men shall abide by. Alexander Hamilton, along with other contributors of the constitution, created essays which are better known as the federalist papers. These documents were created as a form of mutual interpretation and moral assurance between the government and its citizens with one major objective, to gain and retain the trust of its citizens. --- It is said within that no state "shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. A civil liberty is defined as an individual right protected by the Constitution against the powers that be of the government. When our forefathers assimilated to draft the Constitution they anticipated certain belligerencies that might occur between the Federal Government and the individual citizen. It was cause for these concerns that enabled them to include certain civil liberties in the Constitution endowing its citizens with certain inalienable rights. Though civil liberties were put in effect over 200 years ago, over time they have been challenged up until the present day. It wasn’t until the 14th amendment that civil liberties were finally incorporated into state governments. The primary...

Words: 918 - Pages: 4

Premium Essay

Get a Knife, Get a Dog, but Get Rid of Guns

...ownership, and gun control in the Second Amendment. She begins her essay with a fact that she is not anti-gun, she is pro-knife. Also another fact is that as a civil libertarian she supports the Second Amendment. During the all essay she urged us to consider the pros of knifes, giving the benefits of the knife she stating that, “A general substitution of knifes for gun would promote physical fitness.” She is absolutely convinced that the guns are more dangerous than knifes, because the guns can ricochet, and it is a fact that people are less likely to be killed by cleaning their knife as they would be cleaning their gun. In this way the author shows the probability of accidental killing, and indicates the accuracy why the guns should be taken under strict control. She believes that the Second Amendment has a reliability and means exactly what is says, “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed”, and she refer that a 14 years old youths, and crazy religions that should not owned a guns, because they are not a part of the Amendment. She insists that guns should be just in militia hands, and citizens also are not part of this Amendment. Then Molly Ivins infer that guns in the citizen’s hands will destroy the security of the state, also she refer that nobody know that exactly Thomas Jefferson was thinking then he wrote this Amendment, so it should not be considered......

Words: 699 - Pages: 3

Free Essay

Gov Unit 5 Paper

...Unit 5 Homework Assignments Worth 45 Pts. Total *Review Terms From Unit 1, 2, 3 & 4* 2nd Amendment Establishment Clause Hecklers Veto Probable Cause Schenk v. US/Clear & Present Danger Free Exercise Clause Exclusionary Rule Defamation Double Jeopardy Miranda v. AZ/Self Incrimination Due Process 6th Amendment Grand Jury Indictment Habeas Corpus Swing Justice Original vs. Appellate Jurisdiction Marbury v. Madison/Judicial Review 4th Amendment 8th Amendment Stare Decisis/Precedent Article I Article II 1st Amendment 10th Amendment Article III Eminent Domain 5th Amendment Arraignment Judicial Activism vs. Restraint Gideon v. Wainwright 7th Amendment Civil Law/Tort Law Criminal & Civil Negligence Federal & State District Courts Beyond a Reasonable Doubt 14th Amendment Preponderance of Evidence Majority Opinion of Supreme Crt Federalism Reserved Powers Police Powers Enumerated Powers Griswold v. Connecticut (1965) Roe v. Wade (1973) Commerce Clause McCulloch v. Maryland (1819) Supremacy Clause Necessary & Proper Clause Civil Liberties v. Civil Rights Incorporation Doctrine Brown v. Board of Education (1954) Party Primary General Election Closed Primary Open Primary Caucus Electoral College Gerrymandering Advise & Consent Filibuster & Cloture Speaker of the House Senate Majority Leader Standing Committee Conference Committee Pork......

Words: 2362 - Pages: 10