Fourth Amendment The United States, as a society, is based upon principles of which other nations in today's world can only dream. Most Americans are proud to admit their heritage, their citizenship, their identity. This "americanness" is fostered b Continue Reading...
School Policy Involving Students' 4th Amendment Rights Some of the nation's public schools are beginning to resemble medieval fortresses with armed guards stationed at entrances equipped with metal detectors. Although these steps have helped to pre Continue Reading...
Further, these writs, once issued, could be reused, and did not expire until the death of the reigning monarch (Knappman, 33). In Massachusetts, a group of colonial merchants, represented by James Otis, petitioned the Superior Court to refuse any n Continue Reading...
The rights given under Fourth amendment are very clear and the search warrants that are issued have to clearly state the reasons for the search being conducted. The reasons must be clear, express and concise. There can be no fishing exercise. If the Continue Reading...
An example would be if an office approached a car and saw an open container of liquor, or if he saw what appeared to be crack rocks on the dash board he would be able to search the rest of the car. When it comes to searching a house without permiss Continue Reading...
Warrants for Digital DataA search warrant is a legal document issued by a judge or a magistrate, giving law enforcement officials the authority to search a particular property or area for specific evidence related to a crime (Kerr, 2005). Its primary Continue Reading...
Use of Stingrays by Law EnforcementThe Use of StingraysStingray technology is a type of cell phone surveillance device used by law enforcement to track suspects. It works by mimicking the signal of a legitimate cell phone tower, causing all phones in Continue Reading...
3) the method by which the search was conducted was outside of the directives that had been given by the school with regard to searching book bags and purses and using wands for students' bodies. The fourth ranked issues were the fact that the sub Continue Reading...
search and seizure laws. The writer uses several cases to present a detailed exploration of search and seizure laws and how the courts rule when they are challenged. There were five sources used to complete this paper. The Constitution of the Unite Continue Reading...
Fourth Amendment Violations 4th Amendment Violations Fourth Amendment Violations and Recourse The Fourth Amendment to the Constitution of the United States provides for "the right of the people to be secure in their persons, houses, papers and eff Continue Reading...
Hypothetical Case Involving the 4th Amendment Criminal Justice I am not sure how I would rule in this case. I would need to know more about the case such as if there was other evidence besides what was obtained with the heat sensor. I am not also f Continue Reading...
Exclusionary Rule prevents the admission of evidence that was gathered in an unconstitutional way as specified by the Fourth Amendment of the Constitution, which covers the parameters of searches and seizures. In fact, officers of the law who conduc Continue Reading...
Traffic Stop In the example, four men of unidentified race, acting in an unpredictable way in a marginal area of a city, fled in a car when asked simple questions by police. The police pursued, pulled them over, questioned them, and found that their Continue Reading...
' Schmerber, 384 U.S. At 772, 769-70. In other words, the burden on law enforcement officers is high if they want to perform a search within the Fourth Amendments' protections. The Fifth Amendment guarantees that no American "shall be compelled in a Continue Reading...
Fourth Amendment It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the Continue Reading...
4th Amendment's evolution and history, together with the "search and seizure" law. 4th Amendment Background People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be bre Continue Reading...
Fourth Amendment to the Constitution covers the protection of the individual from unlawful searches and seizures when in the privacy of their own home. Because of the Fourth Amendment, law enforcement officers are required to secure an official court Continue Reading...
4th, 5th, 6th, 8th, as well as 14th Amendments happen to be crucial while reviewing criminal procedure. "Criminal process is definitely the area of the American constitutional law involved together with the state's authority to preserve an organized Continue Reading...
Rule: Any out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible as hearsay. (801-802) However, hearsay may be admitted, in a prosecution for homicide or in a civil case, if the declarant, while believing Continue Reading...
DNA Technology in Law and Public Policy The technologies of DNA science have revolutionized modern criminal law in every respect, from crime scene processing and case investigation to prosecutorial strategy and post-conviction appeals. The lightning Continue Reading...
The private security field also underwent significant reforms in connection with the qualifications, training, and (especially) vetting of employment candidates as well Ortmeier, 2009). Ironically, instead of recognizing the comprehensive improveme Continue Reading...
PATRIOT ACT V. FOURTH AMENDMENT Patriot Act & 4th Amendment The Fourth Amendment was created in 1791 primarily to end the existence of general warrants, which the American colonialists hated and feared. These warrants were used by the English g Continue Reading...
U.S. Constitution -- Fourth Amendment Fourth Amendment At the moment of independence of the United States from Great Britain, the colonials sought to create a charter of laws and regulations that would preserve the people's rights when placed in th Continue Reading...
second amendment of the United States Bill of Rights, namely the right to bear arms. Looking at how each individual argues the points and brings out their own points-of-view as to whether the right to bear arms is being misused or is being held in Continue Reading...
Student Searches, Free Speech & Expression, and Privacy in the Wired Age Student searches and in-school discipline for off-campus conduct Free Speech and Expression on and off campus Privacy in the wired age on and off campus. (Facebook, twitt Continue Reading...
" The Fourteenth Amendment explicitly provided the same limitations on the individual state's as existed for the federal government in regards to civil liberties and protections, and therefore the same exclusionary rule based on the Fourth Amendment Continue Reading...
Open Field Doctrine The Fourth Amendment is one of the most important and hotly contested and debated amendment within the Bill of Rights to the United State Constitution. Many people focus on the First and Second amendment. The Fourth Amendment, wh Continue Reading...
In order to enforce the revenue laws, English authorities made use of writs of assistance, which were general warrants authorizing the bearer to enter any house or other place to search for and seize "prohibited and uncustomed" goods, and commanding Continue Reading...
Prosecutors understandably want to win cases and police want to keep criminals off the streets: that is their job and usually they perform it well. However, illegal search and seizure is against the law just as armed robbery is against the law. To Continue Reading...
Fourth Amendment "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 affir Continue Reading...
Fourth Amendment Related to Computer Searches The Fourth Amendment is supposed to protect individuals from undue searches and seizures. Yet how this Amendment affects the searching of electronic storage (computers, drives, etc.) is unclear, as it w Continue Reading...
Fourth Amendment and Court Jurisdiction Based on the Fourth Amendment to the U.S. Constitution citizens have a right to 'be secure in their persons'. Referring to personal rights against 'unreasonable searches and seizures' (Wolfish, 441 U.S. At 595 Continue Reading...
Reasonable suspicion -- A carefully considered presumption, based on specific facts and circumstances, that a person is probably involved in criminal activity. Before an officer can act on this level of suspicion, he must have enough knowledge to l Continue Reading...
First Amendment, the Constitution, and the Supreme Court Freedom of and from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speec Continue Reading...
That on June 5, 2005, Mr. A did willingly state that the robbery was perpetrated by Mr. A on June 3, 2005, and that Mr. A is in possession of the additional items taken as proceeds of the robbery. The proceeds are located in the bedroom at Mr. a's Continue Reading...
Constitution The most important Amendment to the U.S. Constitution -- and this is probably something that the great majority of Americans would agree with -- is the 1st Amendment (page D-20): it provides all citizens with freedom of religion, freedo Continue Reading...
If the defendant is indicted, then a trial may follow. The Fifth Amendment also includes a prohibition on double jeopardy -- being tried for the same crime twice. Due process is another element of the Fifth Amendment, and guarantees that all legal r Continue Reading...
The privilege against self-incrimination originally came to pass through colonial history. It went against both the moral and physical compulsion of taking an oath to what was believed to be a vengeful God and having a pious soul. It also became a d Continue Reading...
