" 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...
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...
" 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...
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...
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...
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 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 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 "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...
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...
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...
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...
Herrera v. Collins The findings and aftermath of the Herrera v. Collins case are often pointed to the Eight Amendment to the Constitution of the United States. However, there are Fourth Amendment implications as well. Indeed, Herrera was facing char Continue Reading...
Robbery Scenario In this particular scenario, the police stopped a driver based upon the fact that the driver matched the description of the cashier who was the victim of the robbery and the driver had an Alabama student parking sticker (the store's 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...
Second Amendment to the United States Constitution states: "A Well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed." Advocates of civil rights and civil libert 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...
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism is the extended terminology that refers to the U.S.A. Patriot Act which, following the events of 9/11 was passed by the Senate immediately a 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...
USA PATRIOT Act: Discussion Questions The USA PATRIOT Act, as the Department of Justice (2014) points out was enacted by Congress with an aim of equipping those charged with the enhancement of law and order with new tools to not only combat but also Continue Reading...
In this case, it may be seen that the Patriot Act does not protect all citizens. It can be used to violate basic human right. Use of National Security Letters. The use of National Security Letters where the government asks private agencies (media, 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...
An exception to this is a search conducted by officer acting in objective "good faith" and wit the inclusion of a warrant obtained on the basis of probable cause. A further provision holds that, if a jury has reasonable reason to believe that the e 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...
Fourth Amendment, which restricts searches pursuant to a probation circumstance to those with a 'probationary' purpose, removes any wrongdoing in the case of United States v. Knights with regards to warrantless searches. Often times there exists a t Continue Reading...
Privacy & Civil Liberties needs to communicate goals to the American public that include protecting the nation against threats to national security, ensuring the safety of citizens, friends, allies, and nations with cooperative relationships (Cl Continue Reading...
U.S. Supreme Court and the Rights of Inmates The objective of this study is to identify the constitutional amendments that deal directly with the rights of correctional inmates. For each amendment, this work will describe the rights of inmates and c 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 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...
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...
United States v. Jones Issues before the Court Is attaching a GPS tracker to a motor vehicle, and subsequently employing it for tracking its movement on public roads, counted as a search-and-seizure operation under Amendment IV? (United States v. J Continue Reading...
UK Mental Health Policy Mental healthcare service delivery in the UK has been subjected to a series of significant imperative policy in the last few decades, and number of people suffering from mental illness is on the increase. Recent statistics re 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...
