...The Fourth Amendment A lot of people never realize how important the fourth amendment is . For example . Imagine you're driving your car and you don't realize it but you're going a little over speed and a cop comes and pulls you over. Then the police officer decides he wants to put you under arrest and search your car? If we didn't have the fourth amendment he would be able to do that, but luckily we do so he wouldn't be able to do that The fourth amendment in the constitution states "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 gives people the right to be secure in their home. It also stops the power of the police to search people their property and their homes Today the fourth amendment is interpreted as putting restrictions on...
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...It seems as though it would make sense to keep the Fourth Amendment the way it is, but with warrants issued if a probable cause is given it is possible one could acquire a warrant with false information. Although it is illegal to search private premises without a warrant the NSA was given a warrant to obtain phone records not only of certain individuals but for anyone that gave them genuine reason to believe they were engaged in terrorist activities (Avalon project). This gives the NSA an opportunity to take advantage and hack or obtain anyone’s record. As stated in (fourth amendment) "In state v. Helm bright 990 N.E.2d 154, Ohio court held that a warrant less search of a probationer's person or place of residence complies with the fourth amendment"....
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...The ten amendments to the Constitution, which are referred to as the Bill of Rights were the first rules that helped establish the new founding country. Moreover, these ten laws are based off the idea of a democratic society. Search and Seizure is the fourth amendment created and like the others is still in place today. Passed in September 25th,1789, this amendment as stated “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”(Constitution n.d.). In other words,...
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...changed it’s called and amendment. Among the amendments are the bill of rights and the reconstruction amendments. In this paper I will discuss how and why amendments become part of the constitution, what were some problems with the original document that motivated the adoption of the bill of rights, the effects of the bill of rights and the reconstruction amendments and their effects. How and why do amendments become part of the constitution? When the constitution was written, the Framers knew that the constitution would and could be amended. Article V of the constitution tells how an amendment can become a part of the constitution. It takes two steps to add an amendment to the constitution. The first step is the proposal. An amendment can be proposed by either two-thirds vote in congress, which includes both the House of Representatives and the Senate. The second step is ratification; the amendment has to be ratified by wither three-fourths of the state legislatures or by state conventions in three-fourths of the states. An amendment can only be ratified after two-thirds of the House and Senate approve of the proposal and send it to the states for a vote and then three-fourths of the states must affirm the proposed amendment. Congress has set a term of seven years for ratification. The second way would require a constitutional convention to be called by two-thirds of the legislatures of the states. The convention can then propose as many amendments as it sees fit. Those...
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...Assignment 2; Procedural Criminal Law 1. Explain to me why the Mapp v. Ohio case is as important as it relates to the 14th Amendment. In the case of Mapp v Ohio police suspected that Dollaree Mapp could be helping a suspect hide in her home from the police Cleveland, Ohio. The police knocked on Mapp’s front door insisting that Mapp let them in, due to the police not having a search warrant Mapp told the police no. several hours later the police refrained from watching Mapp’s home and forced their way into Mapp’s home waiving a warrant as they entered. During the police searches they came across a trunk containing explicit materials. Mapp was then arrested and charged with possession of explicit materials. The Fourth Amendment "put the courts of the United States and federal officials under limitations and forever secures the people of their persons, houses, papers and effects against all unreasonable searches and seizures. By including only United States and federal officials in its ruling, the Court still left open the question of whether evidence unlawfully seized could be used in a state criminal court proceeding. (Lisa Pahm) The case Wolf v. Colorado in 1949, due to the effect the Fourth Amendment was discussed for the first time on the states. If the Due Process Clause of the Fourteenth Amendment united is determined,...
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...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 that a crime is most likely committed. According to the fourth amendment, it is mandatory to exclude trial evidence obtained...
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...to determine if 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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...of the crown. It may be frail—its roof may shake—the wind may blow through it—the storm may enter, the rain may enter—but the King of England cannot enter—all his force dares not cross the threshold of the ruined tenement." -William Pitt in Parliament in 1763- If freedom of speech, the first amendment, is the most important of our right than the Fourth Amendment, protection against unreasonable search and seizure is right behind it. To the framers of the constitution illegal search and seizure was deeply personal. British soldiers through writs of assistance had a blank check to search homes and personal belongings, this is likely why they included protections from such searches...
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...for public use, without just compensation" (n.d, par. 1). When cases are brought before the Supreme Court, it is the job of the court to determine whether or not an individual’s rights have been infringed upon by law enforcement or by the lower courts. If in fact the Supreme Court finds that an individual’s rights have been infringed upon, they will take the necessary steps to impose retribution to that individual. Retribution is sometimes given through dismissal of cases, overturning of cases, and money. The Supreme Court is the highest court and has been put into place to look into all cases where violations may be present. They oversee all cases of the lower courts and make the necessary changes to uphold the constitution. The Fourth Amendment Right is one of the rights that is most infringed upon. In the case Missouri v....
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...released that gives emphasis to the Fourth Amendment needs. Also, the definition of probable cause and its principles in which it is assembled will be discussed. There are two kinds of investigation that do not necessitate a warrant which will also be enclosed in this paper as well as concentrating on a small number of enquiry such as What the underlying principle is for consenting to warrantless investigation, and if these rationale are influential, and whether or not all investigation necessitate that likely reason are present or if there are discharged or not. Investigative permit procedure and the Fourth Amendment requests Searching warrant is not only disturbing they have to also be precise and they are not all equivalent. If a person uses a search warrant for instance to get hold of a company’s financial records or even a senior manager who is assumed of deception this course of action is not uncomplicated, nevertheless if a person uses a search warrant to situate an confiscated part of proof such as a bullet, or illegal pills then it is reasonably uncomplicated to do. Moreover, The Fourth Amendment has to be well thought-out and taken critically when acquiring a search warrant and the officer has to be extremely cautious to show consideration for the rights of other individuals to be protected in their homes, people, possessions, and permit adjacent to irrational search and seizure, shall not be dishonoured. “One purpose of the Fourth Amendment is to prevent, and to protect...
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...hundred years. Elasticity in this context renders a document changeable and adaptable. This inherent characteristic has allowed for a government that has survived for more than two centuries. The amendment process has allowed the Constitution to stay in place, as it is difficult to alter. Although the amendment process is strict in nature, it simultaneously ensures a flexible government whose interests reside in the bettering of the country, as it prevents any amendments that are not imperative to the well-being of the nation from being passed. The supreme Court’s ability to interpret the Constitution...
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...“search” under the Fourth Amendment. This case is about searching Raymond Place’s bags at the airport. Place was first suspected while he was standing in line at the airport in Miami to buy a plane ticket to go to New York’s La Guardia Airport. While Place was going to his gate, he was approached by officers and was asked for his identification. Place told the officers that they could search his luggage, but they declined due to the fact that Place’s flight was about to departure. Place’s suitcases further aroused the officers’ suspicions. The luggage tags on the suitcases had a false address. The DEA agents at LaGuardia were...
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...branches, divided authority between the states and the federal government and included provisions for individual freedoms. There was also a provision for amendments, the first ten of which is called the Bill of Rights (Hudson, 2010). These amendments guaranteeing and individual’s rights and freedoms and protection from tyranny were vital to the ratification of the Constitution by all the states. Amendment IV The Fourth Amendment provides, “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.” The Fourth Amendment is designed to protect individuals from unlawful searches from law enforcement and the government without probable cause. This means that law enforcement cannot used evidence against an individual that was unconstitutionally obtained. While there are exceptions to this rule; it still does give law enforcement a free pass to perform searches and seizures they know are unconstitutional because every individual has the right to a reasonable expectation of privacy (Four Models of Fourth Amendment Protection, 2007). Amendment V The Fifth Amendment provides, "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...
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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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...actions were "symbolic speech" protected by the First Amendment. The Supreme Court agreed to hear his case. B.) Does the burning of the American flag constitute as "symbolic speech” which...
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