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...
The NSA had been illegally investigating several journalists and even violating their privacy by monitoring their telephone use through systems and capabilities designed for use against terrorist suspects only. Fourth Amendment constitutional right 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...
Fourth Amendment For all Americans, the Fourth Amendment is an essential element of the U.S. Constitution that protects everyone's rights. This has influenced the way that the criminal justice system is interacting with defendants and the tactics th Continue Reading...
" The full force and authority of a regular police officer is necessary to make such an intrusion. Yet, such a police officer would not be able to summarily search or seize on the premises of a regular home. The homeless person's effects are; therefo 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...
" 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...
The government was triggered for the sake of the people. People had honor and dignity. each person was important, and the privacy and dignity of each had to be respected. Given the ambitions of man and man's love for power, it is all too easy for m 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...
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...
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...
AbstractThis article offers a review of Fourth Amendment interpretive law, with a focus on evolving exemptions to the exclusionary law as well as how social media had impacted interpretations of unreasonable searches and seizures and citizens privacy 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...
Stop and Frisk In theory, a stop and frisk is "A brief, non-intrusive, police stop of a suspect." (Legal Information Institute, N.p.) These detentions can comply with Fourth Amendment standards under very specific circumstances. "The Fourth Amendmen Continue Reading...
Tennessee v. Garner. The case involved the excessive use of force with regards to felony cases. The decision of the court and the reasons given will also be looked into. The agreements and disagreements that followed will also be discussed. Court D Continue Reading...
The media has brought many important issues to life for the American public. For example, during the American civil rights movement, many areas of the country that had been hesitant to endorse full equality for African-Americans were horrified when 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...
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...
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...
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...
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...
5.0 Conclusion As this paper has argued, the Second Amendment was designed not only to protect the militias; it was also intended to protect an individual's right to own and bear arms. Those groups opposed to the private ownership of firearms shou Continue Reading...
Amendments from the Bill of Rights in U.S. amendments 1st amendment 5th amendment 8th amendment Policy necessary for police investigators when interrogating suspect Type of crime Constitutional right upheld Rationale of the policy Evaluation Continue Reading...
The framers did not mention police departments or other local governmental units, which has led to some misconceptions about the right of people to arm themselves when protected by municipal government agencies. However, this is because municipal po Continue Reading...
Rights of Accused One of the most significant legal principles that originated from the English Law and is cherished by conservatives is the due process clause. Actually, the Due Process Clauses can be regarded as among the most essential and contro Continue Reading...
Rights of the Accused The Due Process Clause is considered as one of the most important legal principles and controversial provisions in the U.S. Constitution. While the emergence of due process can be traced from the English common law tradition, t Continue Reading...
Regardless of the theoretical interpretation of this amendment, the practical effects thus far have been quite clear -- responsibilities and rights not handled by the federal government are left up to state and local governments. One of the most imp Continue Reading...
One hypothesis is that many African-Americans yielded to the intimidation of the time and simply did not want to risk their safety and the safety of their families. 6. Poll Taxes A poll tax is a tax of a fixed amount charged each person to registe Continue Reading...
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...
Fourth Amendment states that law enforcement officers need to receive permission from a legal authority in order to be able to look for evidence or seize objects that might contribute to providing information concerning a criminal act. The context o 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...
" According to the American Civil Liberties Union (ACLU). A "national security letter" (NSL) is basically a written demand by the FBI or other federal law enforcement agencies for a group or organization to turn over records or data or documents, wit Continue Reading...
Appeals If the defendant is acquitted by the jury or by the judge in a bench trial, the 5th Amendment government prohibits the government from trying the defendant for the same crime. Although there are is no constitutional right to appeal convic Continue Reading...
To provide for the common defense, as opposed to merely a state-based defense, the Constitution contains what came to be known as the Compact Clause: "No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships o 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...
This change is likely to come about as lawmakers realize how their skirting of Constitutional protections for one area they are in favor of can easily be applied to other areas once the door is opened for working outside the appropriate framework. Continue Reading...
Both the U.S. Senate and the U.S. Congress are slowly coming to the realization that they will have to address this issue which the Bush administration left behind to muddy the waters of citizen privacy rights in combination with the cases that are Continue Reading...
