The complainant in the Mapp v. Ohio case, DollreeMapp, was detained following a law enforcement search of her house to find an outlaw she was supposedly giving refuge to. After a number of entry refusals by the complainant, Cleveland’s Police D Continue Reading...
Mapp v. Ohio
Facts: suspicious that the petitioner (Dollree Mapp) was hiding a bombing suspect and some paraphernalia that that may have been used to carry out a bombing in the state, Cleveland police went to her residence demanding to be allowed to Continue Reading...
K. Comment: I agree with the majority opinion. The Constitution is the absolute guiding law of the land, and the Fourteenth Amendment guarantees that its protections will be extended to state actions. The Fourth Amendment guarantees a right to priv Continue Reading...
Terry vs. Ohio
Terry Vs Ohio
The issue of what constitutes a violation of the fourth amendment forms the basis of the argument in the case of Terry vs. Ohio. In this case the petitioner Terry was stopped and frisked by the officer on the streets. A Continue Reading...
The foundation of these limits is the need to protect the privacy of the individual and control police behaviors.
Conclusion:
In the three cases, the application of the provisions of the Fourth Amendment could have been helpful in ensuring that th Continue Reading...
Supreme Court Bill of Rights Case
Terry v. Ohio introduce the Terry frisk into police procedure, allowing officers to have the right to stop and frisk or do a surface search of individuals on the street even without probable cause. All the officer w Continue Reading...
They also had the power to decide the merits of evidence and arguments. In the 19th century, judges gained greater control over juries and the role of juries became what it is currently; hearing evidence presented on both sides and determining the g Continue Reading...
They are occasionally informed too poorly to make an opinion, or are simply uninterested in some aspects of politics. Public opinion used to be measured through voting, letter writing, and demonstrating. However, those who write letter and demonstra 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...
For example, one provision of the Patriot Act "permitted law enforcement to obtain access to tapping stored voicemails by obtaining a basic search warrant rather than a surveillance warrant," even though "obtaining the former requires a much lower e Continue Reading...
Michigan, in which police officers had failed to satisfy the knock requirement of a "knock and announce" search warrant before obtaining incriminating evidence. The Court decided that technical violations of proper warrant execution in "good faith" Continue Reading...
Troy Stone is showing how the police engaged in questionable tactics. This is based upon the fact that they have a witness who identified him. Yet, they were not able to come up with any corroborating evidence to directly link him to the murder. To 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...
Supreme Court Chief Justices Warren and Rehnquist
Compare and contrast approaches to criminal procedures by U.S. Supreme Courts:
The Warren vs. The Rehnquist Court
A common philosophical debate within the legal community is when the approach advo 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...
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...