...had probable cause that a potential robbery was going to take place. He approached the suspects for questioning and decided to search them. Prior Proceeding: This case was heard in the Court of Common Pleas of Cuyahoga County, Ohio. The Plaintiff was found guilty and sentenced to one to three years in prison. The Plaintiff filed an appeal. Issues presented or questions of law: (1) Whether the Plaintiff Fourth Amendment rights were violated. (2) Whether an illegal search was conducted by the police officer...
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...Constitution, it would jeopardize individual liberty and give the federal government too much power. After fleeing the tyrannical monarchy of England, and battling in the Revolutionary War, the founders did not want this future nation to fall into the same fate. Eventually the Federalists and Anti-federalists agreed to a Bill of Rights, and in 1789 the Bill of Rights was ratified. Adding these 10 Amendments granted personal liberties and rights to the people, and further limited the power of the federal government. The 3rd and 4th Amendments both grant privacy and protection from the federal government in a person’s home;...
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... v. King Case Study Elise Flanagan BCC 402 Bobby Kemp 14 March 2016 Introduction The purpose of this work is to discuss the relevancy of the court case the United States of America v. Richard D. King, Jr. and the influence it had on future cybercrime cases. A description will be given as to how the Fourth and Fifth Amendments are applied to cybercrimes, as well as an explanation how the Fourth and Fifth Amendments were addressed in this case. Further explanation on how the King ruling may apply to other cases involving computers or other devices that contain electronic evidence is provided. The 4th and 5th Amendments Applied To Cybercrimes The 4th Amendment can be applied to cybercrimes, but not the 5th Amendment. However, the 4th Amendment’s protection in regards to computers, the Internet and cybercrimes can only be applied to data content, not all content. An example of data content is found within remote storage files on computers and private email interactions. When the data is non-content data, i.e. email addresses, there is no assumption of guaranteed coverage and protection ruled under the 4th Amendment. Unlike the 4th Amendment, the 5th Amendment cannot always provide legal protection to an individual. The federal court made such a ruling in 2012, asserting that personal computers lacked the coverage many assumed was in place after the 4th was seen as a viable use for protection of individual rights. Application to This Case The 4th and 5th Amendments were addressed...
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...Constitutional Policing CRJ201 June 28, 2015 Title of Your Essay The 4th amendment of the United States Constitution states “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things seized.” I believe that many cases have been brought to the United States Supreme Court define the constitutionality of the 4th amendment. I strongly believe that this is a fundamental for all law enforcement officers, and officers of the court to follow and strictly adhere to while they are excluding the duties of there occupation. In the case of Weeks vs. United States, police officers entered the home of Freemont Weeks and seized lottery papers which were used for his conviction in court. This seizure of papers was done without a lawful search warrant and done so in violation of the 4th amendment which was the main issue of this case. The evidence seized was used against Mr. Weeks in court and ultimately Mr. Weeks was convicted and sentenced to time in prison. There were several laws that the courts used in determining the outcome of this petition including Boyd vs. United States. “As was there shown, it took its origin in the determination of the framers of the Amendments to the Federal Constitution to provide for that instrument a Bill of...
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...a hearing. But really you were set up by your twin brother because he was next in line for the CEO position of your business. Because there were no rights protecting you, you were wrongfully accuse and charged for the crime you didn’t do. This wouldn’t have happen if there was a rule call the Exclusionary rule, evidence gather by search and seizure in violation of the Constitution is dismiss from the state court explained Jared W. Olen, author of Jared W. Olen Website. The Constitution was created as a law of the country to govern the people and give them rights in a free society. This Constitution cover 27 Amendments, enables the people to live and prosper with freedom and equality. The Exclusionary rule prohibits law enforcement from conducting unlawful search, seizure, and getting a confession unlawfully. The United States of American establishes the 4th Amendment to protect its citizen from law enforcement to illegally entering people house to...
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...this case being brought before the supreme court?” The Constitutional issue was whether or not the Vernonia school district was violating the 4th amendment. The Fourth Amendment of the U.S. Constitution provides that "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 affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The Acton’s filed a lawsuit against the school district board, and stating that it violated the 4th...
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...is the main issue or question involved in the case? Weeks v. United States was a Supreme Court case that the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment. On December 21, 1911 Mr. Weeks was arrested by police without a warrant, at the Union Station in K.C. Missouri, where he was employed by an express company. While he was detained other officers entered his residency without a warrant and took several possessions that were turned over to U.S Marshalls. Later that same day The U.S Marshalls returned and took additional evidence to try and convict Mr. Weeks also without a warrant. What precedent or laws did the court use in order to come to its ultimate conclusion? The case raised a question about the Fourth Amendment. What kind of protection does the 4th Amendment provide for U.S citizens? How can the evidence gained by an illegal search be used? What kind of penalty will be issued to officers who gain evidence through illegal search? Mr. Week’s lawyers argued the 4th Amendment will be meaningless unless it provides some real protection. To say that people are safe from unreasonable search and seizures have no value unless it is clear that evidence from such searches cannot be used in federal court. Federal officials should not be able to break the law in order to force the law. Drawing on the Boyd v. United States case the court suggests that the essential violation...
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...484 06/01/2014 Keith Carr The Constitutional safeguards provided by the 4th, 5th and 6th Amendments to the United States Constitution describe the means to the principle of due process. These laws are set into place to ensure a safer living environment for all citizens. This paper will focus on these rights and the safeguards with in a juvenile setting as well as adult setting on a day to day basis. The 4th Amendment was put into place to prohibit unreasonable search and seizures of ones property without reasonable cause and without a warrant. Over time the Supreme Court has allowed some changes to this Amendment such as; allowing the police to search a person that has been arrested, the officer sees something in plain sight and search property where the officer feels that there may be danger to their self or the suspect. When it comes to juveniles there are restrictions on this amendment. Only juveniles under age 18 that have been accused of criminal conduct are granted the 4th amendment rights. If the juvenile is being accused of non-criminal behavior the constitution has not been defined (Kenneth T. Hanley, Fourth Amendment Protection for the Juvenile Offender: State, Fordham L. Rev. 1140, 1981). The 5th Amendment states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in...
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...4TH AMENDMENT TECHNOLOGY ISSUES in the 21st Century The Fourth Amendment says, “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 affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” There are a couple of areas that of a great concern to me concerning how the Fourth Amendment is written. The first is the use of cell phones by police under the “Search Incident Arrest” (SITA) doctrine. The second is the seizure of Computer Hard Drives for criminal Investigations. In Chimel v California (1969), the court ruled that if police arrest someone, they may search the body of the person without a warrant and “the area into which he might reach” in order to protect material evidence and the officers’ safety. The origin of the SITA doctrine states that police may search a suspect, and the area immediately surrounding the person, without a warrant during a lawful arrest. The case of Riley v California (2014) in which David Leon Riley was arrested on August 22, 2009, after a traffic stop and discovered loaded firearms in his car. The officer took Riley’s phone and searched through his phone and searched through his messages, contacts, videos and photographs. They charged him with an unrelated shooting that occurred several weeks prior to his arrest and was convicted...
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...arrest warrant is required and when it is not. The Fourth Amendment protects citizens from unreasonable government searches and seizures of their persons, houses, and effects. It states no warrants shall be issued unless there is probable cause, supported by oath or affirmation, and specifically describes the place to be searched and the person or things to be seized. However, both the U.S. Supreme Court and federal courts have specified limited exceptions to the Fourth Amendment search warrant requirement. The seven exceptions to the Fourth Amendment...
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...STUDY OF THE 4TH CJUS367-1004A-05 Criminal Law Study of The 4th Amendment Study Of The 4th Amendment This particular assignment wants us to take a look at the 4th Amendment specifically, surrounding a make shift drug operation, that will more than likely involve an interrogation of some type with the suspects and a search. The 4th Amendment specifically deals with a person’s rights to be protected from illegal search and seizure, and having a right to be reasonably secure in their house or dwelling. In law enforcement, probable cause must first be established in order for police officers to make arrests, make vehicle stops, etc…If a person is placed under arrest, the Miranda rights must be read, in part it reads, “You have the right to remain silent, if you give up that right, anything you say can and will be used against you…” even criminals have rights, and their rights can’t be violated no more than any other citizens, that is why they have to know they have a right to not say anything if arrested and detained by law enforcement. The Constitution of the United States of America is a document, drawn up by our fore fathers designed to lay out the “unalienable” rights of each citizen, as “endowed by the creator”; as well as delegate powers and responsibility of each branch of government, but on the premise that no one branch of government should have exclusive...
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...T.L.O. the main issue in question is if the 4th Amendment rights of a minor were violated by school staff, if school authorities have the right to search students on campus. The school official stated that he had ‘probable cause’ to search the minor’s purse given the incident, leading to him finding cigarettes inside the purse. The school administrator then used the defense of in ‘plain view’ to justify searching the rest of the purse after finding cigarettes to find marijuana and rolling paper. TLO then used the defense in the court systems of her 4th Amendment rights being violated, TLO then stating that they had no right to go through her personal belongings located in her purse. In the Juvenile Court it was found that the administrator was not violating TLOs 4th Amendment rights, however when appealed to the New Jersey Supreme Court it was found that the evidence was gathered in violation of the students 4th Amendment rights. Due to the violation of the 4th Amendment “the [New Jersey] supreme court reversed the decisions of the lower courts and granted Respondent's motion to suppress the evidence” essentially throwing out the case against TLO (BankHead, M.). Immediately following this ruling the state of New Jersey appealed to the Supreme Court of the United...
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...The Fourth Amendment A lot of people never realize how important the fourth amendment is . For example . Imagine you're driving your car and you don't realize it but you're going a little over speed and a cop comes and pulls you over. Then the police officer decides he wants to put you under arrest and search your car? If we didn't have the fourth amendment he would be able to do that, but luckily we do so he wouldn't be able to do that The fourth amendment in the constitution states "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 affirmation, and particularly describing the place to be searched, and the persons or things to be seized." it gives people the right to be secure in their home. It also stops the power of the police to search people their property and their homes Today the fourth amendment is interpreted as putting restrictions on...
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...Exclusionary Rule Student’s Name Institutional Affiliation Exclusionary Rule is constructed on the state constitution of the United States, which requires that evidence or materials qualifying as such, obtained by the arresting or case officers in violation of a suspect's right of freedom from unwarranted searches and arrests are not admissible in the said suspect's case in court. That is; the exclusionary rule dismisses evidences that are obtained by abusing a delinquent's fourth amendment rights. The amendment is mandated to protect the citizens from illegal searches and arrests by law enforcing agencies. Per se, it can be regarded as the hallmark to the flourishing respects for the fourth amendment right in the United States. It is imperious to acknowledge that the rule was made in courts and not the conventional legislative protocols that involve statutes and members of the congress. It was a creation of the Supreme Court and, thus its application is confined within the jurisprudence of the legal system. The historical development of the exclusionary rule dates back to the 1990s. Whilst the development of the rule itself is uniquely American portent, the principle it protects and the justifications for its existence links to the vey origin of western civilization. To effusively grasp the advent of the exclusionary rule as promulgated in Boyd v. United States, it is critical to identify the theoretical foundations of law developed in Britain and America. Principally...
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...an endorsement of 3-4ths of the different national assemblies. This first strategy for alteration is the one and only, in which we use today. Secondly, Americas Constitution may be changed via a Convention by 2-3rds of the national lawmaking bodies, when the Convention's suggested changes have been approved by 3-4ths of the national assemblies. Amendments are hindered by13 states support from any of their 2 houses. Just 27 amendments were approved since Americas Constitution became active, and 10 of those amendments became what we U.S citizens consider the Bill of Rights. In changing the Constitution, considerably escalates the significance of the Supreme Courts’ choices in understanding the Constitution, on the grounds that reversal of the Supreme Court's choice is doubtful, aside from in situations when peoples’ disagreement is extreme and near unanimous. Even disliked Supreme Court choices, for example, the Supreme Court's prevention of burning a flag are liable to stand unless the Court itself deviates from its original choice. As to the occurrence of burning a flag, we see the troubles in passing such an amendment. There is a passionate and recorded tie between the American individuals and their Flag, and when you include the rights in which every U.S native has, this thought of passing a revision for a particular case, in this instance “burning a flag,” can become troublesome. Our country's founding fathers announced their sovereignty on the 4th of July seventeen-seventy-six...
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