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Unit 3 Assignment 1: Fourth Amendment

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Unit 3 Assignment 1: Fourth Amendment
IS3350
The United States Constitution affords all people certain rights. The Fifth Amendment states that we have the right against self-incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions was rewritten and that is not likely to happen. This paper will be examine the Fourth Amendment, learning the requirements for obtaining a search warrant, defining probable cause, describing when search and seizure does not require a warrant. We will also explain the rationale for allowing warrantless searches, examine the persuasiveness of these reasons, and determine if probable cause is always necessary to conduct a search.
Fourth Amendment Search and Seizure:
The Fourth Amendment guarantees “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches or 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” . This means the police cannot just barge into a home without proper authority and a judge, magistrate, or the Supreme Court orders reasons for the purpose of a search warrant. A judge may issue a search warrant if the agency requesting the warrant has shown by an affidavit that probable cause exists that that criminal activity has taken place. The affidavit must list all information and evidence the officer feels regarding sufficient evidence to constitute probable cause to justify a warrant being issued. The search warrant must list a specific criminal activity, detail the property, or items to be searched or seized, and name the person or place location to be searched,

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