...have the right to violate first and fourth amendment rights by requesting access of students’ Facebook accounts? The position that is being taken is no, it is against the first and fourth amendment rights for schools to access students’ Facebook accounts. The different views of this argument include the schools system’s side and the students’ side. Students believe that they are entitled to first and fourth amendment rights within the school. The school is violating the first and fourth amendments by requiring a Facebook password from the student in many cases. For example, a student is in trouble when writing on their profile and their opinion doesn’t match what the school views as appropriate. The school would then then punish the student and also require that the student provides a facebook password to access their personal account. The school’s side, which includes the faculty, principal and school administration, believes that students do not have full first and fourth amendment rights when on school property. A student then loses the rights associated with freedom of speech, press, assembly, and search and seizure in many cases. An examination of recent court cases and articles that contribute to the argument will be mentioned, including surveys and interviews of a sample of the student population at Eastern Michigan University to provide arguments and counterarguments that indicate that schools violate the first and fourth amendment when schools request access of students’...
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...PROVISION: The fourth amendment of the U.S. constitution states that : “The right of 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.” STATEMENT OF THE CASE: 1. On the morning of August 22, 2009, the police charged a petition against David Riley, a college student, who was driving his Lexus near his home’s neighborhood of San Diego. The officer who stopped Riley told the petitioner he stopped him for traffic violation, which eventually led to his arrest on weapons charges. He was driving the car with expired license registration tags, as his driver’s license was suspended, police is required to impound the car. Riley was considered to be involved in the shoot on August 2, considering the current situation and moment so separate charges were also issued for shooting on another vehicle, which intension to attempt murder, and...
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...was the first argued case during their new term. This case presents the question of whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop (Brief of Petitioner 2). This case arose in 2009 when police stopped Nicholas Heien in North Carolina for driving with one broken brake light. The officer issued Heien a citation for his light and then proceeded to ask him if he could search his car, which Heien consented to. During the search, the officer discovered a sandwich bag that contained 54.2 grams of cocaine and Heien was arrested on the spot for drug trafficking (Oyez Project). He plead guilty to two counts of drug...
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...right. In the Fifth Amendment the exclusionary rule states that no one shall be made in a criminal trial case to be a witness against themselves, and that nobody shall be deprived of life, liberty, or property without applying due process of law. The exclusionary rule is in the fourth amendment and is intended to protect people from searches that are illegal and seizures. To protect against self-incrimination and to protect people from prosecution from evidence gathered by the police that is very illegal and violates the Fifth Amendment. In the sixth amendment the exclusionary rule applies to the violations which make sure every citizen has the right to counsel. The exclusionary rule is used and applies to anyone who lives in the United States. “The courts finally decided on the exclusionary rule, the rule that says that evidence illegally seized may not be used as evidence, as a means of enforcement. “We’re sorry" doesn't quite cut it. The courts gave as their rationale for the rule the concept of "unclean hands." If the courts, the symbol of our highest justice, use evidence they know to be illegally obtained, they condone through their use of the evidence the illegal action and they then find themselves with "unclean hands." (Hill) In Weeks v. United States during it the exclusionary rule was brought up. In the case the court held that evidence that was taken by the police was illegally taken by police who is in violation of the fourth amendment and it couldn’t...
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...country to attend school in Saudi Arabia and they wanted him to testify in the trial of Sami Omar Al-Hussayen. Mr. al-Hussayen was tried and acquitted on charges of supporting terrorist organizations. Al-Kidd filed a civil suit against then Attorney General John Ashcroft alleging that “in his more than two weeks of detainment, he was strip-searched, shackled, interrogated without a lawyer present and treated as a terrorist. He was never charged with a crime and never called to testify against al-Hussayen, who was acquitted of the most serious charges against him” (Washington Post). The American Civil Liberties Union (ACLU), which represented al-Kidd, claimed that he is one of 70 Muslim men who were treated similarly (Washington Post). Aschroft argued that he had absolute immunity from such civil suits seeing as how he was acting within the scope of his duties as US Attorney General. He also claimed that since...
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...Exigent Circumstances to Search and Seizure The Fourth Amendment to The Constitution of the United States Kirk H. Andersen Park University July 2012 Abstract One of the greatest rights the Founding Fathers of the United States of America gave to its citizens was the right against unreasonable search and seizure. This right is guaranteed under the Fourth Amendment of the Constitution of the United States. When this right is abridged by the government, what recourse does the citizen have to try and right this wrong? The appellate court system, up to the United States Supreme Court, was created to protect citizens rights. However, the courts have found, that under certain circumstances the government is capable of executing a search or seizure without a warrant as the Fourth Amendment so requires. This paper addresses exigent circumstances to search and seizure. Exigent Circumstances to Search and Seizure The Fourth Amendment to The Constitution of the United States The Constitution of the United States is the basic document that governs the citizens of the United States of America. The framers of the Constitution wrote it with deep emotions in response to how the American Colonies had been treated under the British Crown. The Fourth Amendment, in particular, to protect citizens from unreasonable search and seizure, was written in response to how the colonist had been subject to writs of assistance, which were warrants that British Customs Officers and soldiers...
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...In his pamphlet titled The Rights of the British Colonies Asserted and Proved, colonial Massachusetts lawyer and political activist James Otis argues that supreme legislative and supreme executive power must have a place in every commonwealth, however, those powers remain in the whole body of the people; furthermore, in the event that any administrators were to deviate from truth, justice and equity, they verge towards tyranny, and are to be opposed.1 The fate of the Fourth Amendment of the United States Constitution can be construed as an example supporting Otis’ argument. Nearly every facet of political thought in the United States has proven to be far more malleable than its original authors had intended, an excellent example of this is the Fourth Amendment of the United States Constitution. The text of the Fourth Amendment appears seemingly straightforward; the first clause of the amendment states that all searches and seizures must be reasonable, the second clause of the amendment specifies requirements for when courts may issue a warrant in support of a search or seizure.2 Surprisingly, the concept that warrantless searches and seizures are unconstitutional or that warrants are required for all searches and seizures is relatively modern. Prior to this mindset of warrantless search and seizures being unconstitutional, law enforcement was allowed to do a search and seize items as long as their actions could be construed as being reasonable. In the event that the searches...
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...Mapp v. Ohio, 367 U.S. 643 (1961) was a very important case and turning point in our nation's history. It changed our legal system by extending the evidence exclusionary rule that was originally decided in Weeks v. United States, 232 U.S. 383 (1914). It also marked the final incorporation of the fourth amendment into the due process clause of the fourteenth. The exclusionary rule was created in Weeks which prevented the federal government from using evidence that is found during an illegal search without a warrant. Years later in Wolf v Colorado, 338 U.S. 25 (1949) the Supreme Court ruled that both state and local governments must obey the fourth amendment by getting a warrant before conducting a search. The court also said the exclusionary rule did not apply to the states allowing state prosecutors to use illegally seized evidence in trial. Mapp v. Ohio gave the Supreme Court the chance to overrule Wolf and apply the exclusionary rule to the states. Mapp v. Ohio was quite the interesting case. It started on May 23, 1957, when three Cleveland police officers arrived at Dolly Mapp's home regarding information suggesting that a person wanted for questioning in connection with a bombing was hiding in the house, and upon a large amount of paraphernalia in the home (Mapp v. Ohio). The officers demanded entrance but Ms. Mapp refused entrance to the home without a search warrant after telephoning her attorney (Mapp v. Ohio). They took surveillance of the house and arrived some...
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...Many people believe that abortion is only a moral issue but it is also a constitutional issue. Involving six different amendments, the Roe v. Wade decision was greatly based on The Constitution. The supreme court decision in Roe v. Wade was incorrect legally and constitutionally. All unborn children are entitled to protection under the constitution for they are human beings, but the decision that was made after just after two years of arguing made it possible for unborn children to be aborted within the first six months of the pregnancy. One may wonder why such a situation would have to occur, the answer is simple, a minority of pro-life citizens made abortion illegal. This scene is not one that a person could envision occurring in the United States, a land that is considered to be contemporary and enlightened. This very panorama could become reality due to the moral arguments given by means of those who support pro-choice. The problem with these arguments is that they are based on nothing more than inaccurate, uninformed opinions. The Supreme Courts job is to, of course, is to resolve the issue by constitutional...
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...Chimel vs. California Supreme Court of the United States 395 U.S. 752 1969 Issue: If a person who is permitted by law arrested with a warrant, an unauthorized search of a person’s house against its fourth amendment? Facts: Police officers came to defendant Chimels home with an arrest warrant for an apparent robbery. Police officers enter the home with the permission of Chimels wife while they waited for defendant to get home. When the defendant got home they arrested Chimel. During the arrest the police officers asked permission from Chimel to look around the house and Chimel denied the request. The search went on anyway as officers searched the entire house. They went through everything in his home. They asked the wife to remove subjects...
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...The Fourth Amendment is like a ball of clay, always being reshaped with careful hands. It is a small yet important part of the Bill of Rights to protect the guaranteed rights of the people during the reformation of the United States government during the late 1780s. This amendment is responsible for protecting the property rights of the people against the government, in an effort to prevent an over abuse of power toward the people. Without the Fourth, the government would have total control of all property owned by the people without their consent. The right guaranteed by the Fourth Amendment is as follows: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall...
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...Congress of the United States, There is a specific issue I would like to address, and that is the Exclusionary Rule. I am most certain that you are familiar with the Exclusionary Rule, and its meaning. The Exclusionary Rule is grounded by the Fourth Amendment, and its intentions are to protect citizens from illegal search and seizures. I am most definitely for this rule. I am a firm believer in our constitutional rights, and if it were not for the Exclusionary Rule, a lot of citizens that were charged with a crime after they were illegally searched will be found guilty, convicted, and then sentenced even though the evidence that was presented against them was gathered illegally. That is flat out a violation of their Fourth Amendment rights. If there was no Fourth Amendment, or Exclusionary Rule, a lot of people would be convicted of crimes based on the said evidence gathered was gathered illegally against them, and that would most likely give law enforcement the opportunity to gather evidence in a less morale way. I am not saying that all police officials would use these illegal tactics to gather evidence to convict a defendant, but there are some. Example: Mapp vs. Ohio May 1957. May 23, 1957 Cleveland Ohio police officials were following up on information they had about a bombing suspect was housed at Dollree Mapp house. They were also under the impression that there was also illegal gambling equipment in the house. The police attempted to try and search the...
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...people rights would interrupted and eventually lead to confusion. The authority must balance separable individual rights with the community virtuous otherwise, general well-being of the good of the people. Whereas, the constitution and the amendment defend the people rights. That allows the authority to pass laws and limits behaviors, as quote in the constitution preamble “establish, insure domestic tranquility, provide for the common defense and promote the general welfare of the country.” The constitution safeguards and limits individuals rights are both considered to be suitable of the rights and safekeeping for everyone, which include in the legislature, the Bill of Right, court decision and the amendment. An event that occurred in my community, was when the government forced people to evacuate from their homes after a storm has crash in that leaves many family in tears. The Constitutional amendment that relates to that situation is the Fourth amendment because, the fourth amendment protected the people from unnecessary search of their homes without a consent from the judge. Which, make the people feel more protected from the government officials rifling through their homes without a warrant. The argument that could be made for or against the government forcing the people to evacuate their home would be that some of the people may be reasonable with the government because, they might believe that the government is showing interest on keeping them safe and protected after the...
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...Amendment IV of the United States Constitution states 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 (Cornell University). This Amendment refers to people’s right to privacy and freedom in their home from government intrusion and illegal search and seizure. To claim protection under the Fourth Amendment, individuals must show in a court of law expectation of privacy, which is to say an expectation that is recognized as reasonable under the circumstances. Kentucky v. King 563 U.S. 452 (2011) is just one of many cases in which the defendant exercises their rights under the Fourth Amendment. Kentucky v. King 563 U.S. 452 (2011) In the case of Kentucky v. King the Fourth Amendment was the main argument. The courts...
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...Statement of Facts………………………………………………………………………………... 3 Argument………………………………………………………………………………………. 3-5 Conclusion……………………………………………………………………………………….. 5 Relief……………………………………………………………………………………………... 5 INDEX OF AUTHORITIES Case Reece v. State, 152 Ga. App. 760,...
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