249 Search Results for 4th Amendment Search and Seizure
Law Fourth Amendment
Common law affirmed that evidence even that which is obtained through illegal means was admissible and was never excluded simply because it was obtained through illegal means. Common law evidence of the guilt of a defendant pro Continue Reading...
Public Safety vs. Individual Rights
The balance between public safety and individual rights is a delicate one. Assuring public safety as well as privacy and freedom from unnecessary harassment and security procedures is usually not all that hard to Continue Reading...
Fourth Amendment by the United States Supreme Court has sometimes been characterized by several controversies. One of the controversies associated with Supreme Court's interpretation of the Fourth Amendment is the belief that it's a demonstration of Continue Reading...
TSA
Since the terrorist attacks of September 11th, 2001, when members of al-Qaeda hijacked passenger planes and flew them into various targets in the United States, the Transportation Security Administration has aggressively expanded its surveillanc Continue Reading...
Hostage Negotiation
The 4th, 5th, and 6th amendments have had serious impacts on modern hostage negotiations and will be examined in this paper. Elements that are to be considered include promise making, incriminating statements, as well as the plan Continue Reading...
American Government Politics. Discussed is the fourth amendment and the current policies of searches and seizures. Four sources used. Footnotes.
Fourth Amendment
Americans hold very dear the Bill of Rights. Among the ten amendments that make up th Continue Reading...
Criminal Defense Homicide Case
Fourth Amendment Searches and Seizures in Contemporary America
The conviction of a client charged with murder is threatened by evidence the prosecution holds. There are indications that this evidence was obtained unco Continue Reading...
Baker reviewed three landmark Supreme Court decisions on capital punishment and concluded that the death penalty is capriciously imposed on Black defendants and thus serves the extra-legal function of preserving majority group interests. He viewed d Continue Reading...
Criminal Justice ProcedureCriminal justice involves varying procedures that commence with an investigation process and ends when a prisoner is released from prison facilities after serving their sentence. Rules and decision-making guide the criminal Continue Reading...
In the United States of American court systems, juvenile courts still proposes juvenile delinquents in aspects that are more paternal other than diagnostic. The adult counterparts cannot access such diagnostic processing as juveniles do. Adults are Continue Reading...
The very fact that the U.S.A. Patriot Act was renewed in 2010 (albeit with some modifications) shows alert citizens that public safety will most often trump personal privacy and in some cases, a person's civil rights. The Find Law organization allud Continue Reading...
They suggest that the laws necessary to protect informational privacy from unauthorized collection and use simply must catch up to the realities presented by modern digital technology exactly the way the laws now prohibiting unwarranted wiretapping Continue Reading...
By federal law, all passenger airliners now feature cockpit doors that are locked by the pilots from inside the cockpit. Likewise, pilot training now includes the specific instructions not to open the door in response to any occurrence or emergency Continue Reading...
Amendments to the Constitution
In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hea Continue Reading...
Reasoning: Regardless of Ballard's religious beliefs, the Court determined (along with the original trial judge) that the only issue at hand was whether or not Ballard believed in good faith that he could heal people. The underlying religious belie Continue Reading...
Crime Control/Procedures
The term "play in the joints" refers to flexibility within the law that allows for a certain amount of discretion to occur within the prosecution and judge. Even though there is discretion within the manner in which the Judg Continue Reading...
As a result, if an illegitimate interrogation or investigation contributes to the identification of physical evidence, the investigation and physical evidence must be excluded from trial. In this case, the interrogation or investigation is excluded Continue Reading...
Mapp V. Ohio
Over the centuries, there has been considerable debate as to the application of the Bill of Rights when it comes to the states. This is because a series of court cases decided it was only relevant when it came to the federal government Continue Reading...
Acquainted With the Law
Various Law Terms-3
Insider Trading
This is either legal or illegal (Priebe, 2012). It is legal and legitimate when corporate officers, directors and shareholders of at least 10% of the outstanding stock of the business. T Continue Reading...
Physical Evidence
List and explain five (5) ways that show how authentication or identification of physical evidence can be accomplished (also called "laying the foundation").
Authentication of physical evidence can be accomplished by:
Testimony o Continue Reading...
rights of juveniles in regard to criminal proceedings have been highly debated for a number of years. It is an issue that continues to be debated and the likelihood is that it will remain so. Needless to say, juveniles charged with criminal offenses Continue Reading...
Open Fields Doctrine and Its Relevance to the U.S. Constitution
What is the open fields doctrine?
According to the definition provided by Black's Law Dictionary (1990), the open fields doctrine "permits police officers to enter and search a field w Continue Reading...
Within the domain of criminal law, Amendment IV’s safeguards with regard to searches and confiscations cover: Law enforcers’ physical capture or "seizure" of individuals, using stops or arrests;
And law enforcers’ in Continue Reading...
Minor's Constitutional Rights
courts have recognized some Constitutional rights for students attending public schools that school officials need to be aware of. Even though, school officials have been given the right to control student conduct on sc Continue Reading...
Murder and Injustice in a Small Town
Death sentence
Are you innocent until proven guilty?
The constitution of the U.S.A. has the provision of being treated as though one is innocent until the due process of the law takes its course and one is prov Continue Reading...
legal system of the United States of America rests on the Constitution, including the Bill of Rights? The answer is that this is not completely true; the Constitution, when it was initially developed, did not enable authorities to cope successfully Continue Reading...
Criminal Justice DQ
The legislative process is effective in the administration of justice. Conservative lobby groups define proper legislation processes as inclusive governance that promotes inclusiveness of people in decision-making and policy form Continue Reading...
Protecting Liberty
Individual rights
Bill of Rights defines the protections afforded individual citizens under the Constitution against excessive government intrusions into private lives and arbitrary prosecutions. These rights are contained in the Continue Reading...
Patriot Act in Regards to Its Authorization
of Surveillance and Search and Seizure
The Patriot Act:
The Patriot Act was enacted into law in 2001 to unite and strengthen America through the provision of suitable tools that are necessary to interrup Continue Reading...
Indianapolis vs. Edmond
531 U.S. 32, 121S. ct.447, 148 L. Ed. 2D 333(2000)
Facts: In an attempt to discover and intercept unlawful narcotics on transit across the city, Indianapolis police implemented a highway checkpoint program, where motorists w Continue Reading...
Bill of Rights and Today's Criminal Justice System
The administration of justice and security in America is based upon Constitutional powers, originally drafted in the Bill of Rights. While the Constitution has been amended several times since its i Continue Reading...
S. No. 04-1739 (2006)
Facts:
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Minority Rationale:
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Two examples of where rights are limited in the ownership of land or property:
Servitudes and easements are put into place...
Servitudes and easements can Continue Reading...
The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in Continue Reading...
Federal Intelligence Surveillance Court (FISA Court)
According to a recent CNN report on surveillance, the Federal Intelligence Surveillance Court (FISA Court) is "the most powerful court you have never heard of" (Mears & Abdullah 2014). Because Continue Reading...
In the case, Carty was a passenger of a vehicle operated by another individual. The vehicle was stopped for speeding, and the driver of the vehicle was asked to sign a form of consent to search the vehicle. During the search, the officer did a pat d Continue Reading...
Exclusionary Rule
The Future of the Exclusionary Rule
The first 10 amendments to the U.S. Constitution, otherwise known as the Bill of Rights, were designed to protect citizens against abusive state power. These protections include preventing the g Continue Reading...