...The ten amendments to the Constitution, which are referred to as the Bill of Rights were the first rules that helped establish the new founding country. Moreover, these ten laws are based off the idea of a democratic society. Search and Seizure is the fourth amendment created and like the others is still in place today. Passed in September 25th,1789, this amendment as stated “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”(Constitution n.d.). In other words,...
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...Your phone can be watched at all times, even when it’s not turned on, and they can take anything that they want off of it (Schlesinger.) This issue is why the fourth amendment was created in the first place and clearly states that all personal information cannot be accessed without a warrant. The way the government gets away with this is through, “Section 702 of the Foreign Intelligence Surveillance Act.” This act makes it to where the government can spy on us without our knowledge unless it involves legal reasons like the case of a criminal. Then, once people are found guilty of something and taken to trial, it is almost impossible to win the case without evidence that you were spied on by the government (Diakun). Also, nine out of ten accounts in around 160,000 communications using section 702 were found to not be of the main goal which was targeting surveillance, therefore meaning that random and innocent...
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...As the amendment 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…â€. If this is true, and we are secure in our own homes, why shall the government of the present violate this. It is as though just because one of the documents that made this country was made in 1789, it’s irrelevant now. This, is obviously untrue. Our own Declaration line can be used, “... that all men are created equal…â€. So, as these documents state, all people are created equal, and all have a right to privacy in their own homes. It makes no sense why the present law abides this. Yes, it may have helped in past events, but for some people, it may make them feel unsafe...
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...The fourth amendment is like America’s nap, they don’t get to have it and everyone becomes cranky. The fourth amendment is what gives America the little amount of privacy and authority that they do have. The Bill of Rights in 1789 were then added into the constitution so that the government could not have a huge amount of control. The Fourth Amendment keeps the American citizens acknowledged with why they are searched or their properties may be searched. A warrant must be shown to the citizen, rather than the cops just walking into their houses or anything else in their possessions. Warrants tell what they will be searching for specifically, but if anything, else is found it will not be permitted into court. Barack Obama is now considered an...
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..." “Privacy is not something that I’m merely entitled to, it’s an absolute prerequisite†(Marlon Brando). The fourth amendment protects us from the government from intervening into our private lives. The government should only monitor the people and sites that need to be watched, leave the majority of the people on the internet alone. People should be able to have the privacy they deserve and not feel they are being watched by anybody. In the United States people have birth rights and can not be strippted by any person, and they are stripted people have the right to revolt. The fourth amendment protects us the government intervening in our private lives or property without a warrant to legally search that property. Our government should not be able to just watch what we search on the internet, we have rights. The internet even though it is public domain our government should not have the...
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...I strongly believe that students should not have their private property searched. Just because a backpack is brought to school doesn’t make it school property. Another reason is that the Fourth Amendment protects us from unreasonable searches. Officials that do this are sick people and they have no right to look in student’s property. Just because I bring a backpack to school doesn’t make it school property. The school gives me a textbook and I take it home, now it’s on my property. Can I do anything I want with that book though? No, because it would be destruction of School Property. You can’t search my backpack and cause destruction in it and not fix it. It’s just the same thing as there textbook and laptops. Searching the student’s things is an invasion of privacy and the student my feel harassed and embarrassed. The Fourth Amendment is supposed to protect are property and we are to...
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...It seems as though it would make sense to keep the Fourth Amendment the way it is, but with warrants issued if a probable cause is given it is possible one could acquire a warrant with false information. Although it is illegal to search private premises without a warrant the NSA was given a warrant to obtain phone records not only of certain individuals but for anyone that gave them genuine reason to believe they were engaged in terrorist activities (Avalon project). This gives the NSA an opportunity to take advantage and hack or obtain anyone’s record. As stated in (fourth amendment) "In state v. Helm bright 990 N.E.2d 154, Ohio court held that a warrant less search of a probationer's person or place of residence complies with the fourth amendment"....
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...This essay will discuss some of the main topics covered during this week’s readings. This essay will discuss the steps that must be taken to make amendments to the United States Constitution, the reasons the ten amendments that make up the Bill of Rights were successfully added to the United States Constitution and why the Equal Rights Amendment was not added. This essay will also discuss what ideology is and the differences between liberalism and conservatism and will lastly outline the differences between Dual Federalism and Cooperative Federalism. Let’s first discuss what steps must be taken to amend the United States Constitution. In order to amend the United States Constitution the amendments may be proposed by the United States Congress or by a national convention assembled at the request of the legislatures of at least two-thirds of the several states (Bardes, Shelley, and Schmidt, 2012, pg. 53). Another method that can be used to make amendments to the United States Constitution is ratification, although this method in the past has rarely been used, but it can occur by two methods either by obtaining a positive vote of at least three-fourths of the legislatures of several states or by having special conventions called in the states and obtaining a positive vote in three-fourths of them (Bardes, Shelley, and Schmidt, 2012, pg. 53). Congress has considered more than eleven thousand amendments to the Constitution, but only thirty-three amendments were submitted to the...
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...critique regarding the legitimacy of the document. It was argued that the Patriot Act was in violation with the First, Fourth and Fifth Amendments of the Bill of Rights. Especially the alleged violations regarding the Fourth Amendment were heavily debated. To determine...
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...Bill of Rights and Amendment Paper The US Constitution is a living document which was designed to be ratified when needed due to a changing society, or unfair legal practices that overstep human and or civil rights. Article Five of the Constitution made way for amendments such as the Bill of Rights, amendments thirteen through fifteen, among so many others that have made the United States the place it is today. An amendment to the Constitution is a change that can be added to the Constitution or a change to an older part. Amendments are necessary due to changing a society and or some parts of government over steps its boundaries, unless prohibited by the Constitution the overstepping could happen again. There are two ways to amend the Constitution, The first being to get a bill passed by both the house and the senate with at two thirds majority in each. If passed it then has to go to the states. The second way which has never been used is for a constitutional convention to be called by two thirds of the legislatures of the States, and then the amendment has to be sent to the States with approval from three fourths of convention or legislatures. This process was put into the constitution by the framers. According to the “US Constitution” (The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for...
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...Part 1 of 2 - mc 49.0/ 70.0 Points Question 1 of 22 3.5/ 3.5 Points In Hurtado v. California (1884), involving the murder by Hurtado of his wife's lover, the Supreme Court ruled that the Fourteenth Amendment due process clause: A.a. requires jury trials in all state courts. B.b. requires states to provide a grand jury indictment in capital cases. C.c. does not forbid states to use the death penalty because it does not define defendants of a "fundamental right" in capital cases. D.d. does not require states to provide a grand jury indictment in capital cases. Answer Key: D Question 2 of 22 3.5/ 3.5 Points A habeas corpus proceeding is not a separate proceeding from a defendant's criminal case. A. True B. False Answer Key: False Question 3 of 22 3.5/ 3.5 Points In Colorado v. Bertine (1987), the police conducted an inventory search in which they searched Bertine's backpack after arresting him for driving under the influence of alcohol. The Supreme Court decided that: A.a. the search of the backpack violated the U.S. Constitution. B.b. the search of the backpack did not violate the U.S. Constitution because it was a legitimate inventory search. C.c. the search of the backpack violated the U.S. Constitution because it was conducted on a suspicion that drugs were in Bertine's backpack. D.d. the search of the backpack did not violate the U.S. Constitution because drugs were discovered in Bertine's backpack...
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...When examining the Exclusionary Rule certain measures were taken to integrate some significant meaning and justification constitutionally for law enforcement to follow. The rule does not stem from the Fourth Amendment; however, similar descriptions are found in the definition pertaining to the Fourth Amendment. Historically, the Exclusionary Rule serves as a remedy for understanding how evidence is obtained and could be inadmissible if illegal tactics were taken to gather the evidence. This essay will present a detailed evaluation of the Exclusionary Rule entailing values and rationale including four fundamental exceptions to the exclusionary rule. These exceptions operate under the exclusionary rule premise and will be explained in the essay. In addition, summarize some benefits, disadvantages, and an alternative solution will be expressed in forming my personal opinion-position of the exclusionary rule supported by a strong argument and information. Though examining the Exclusionary Rule as constitute may establish some deterrence for police still opinions do consider the rule unconstitutional behind its existence. The Exclusionary Rule shares no semblance from the Fourth Amendment that gives protection against search and seizure, but originates from the Fifth Amendment. Both establish no evidence may be used in court if obtained illegally or without a proper search warrant from a judge. The principle for this rule legally holds true under constitutional law in which...
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...Amendment Essay Jake Russell AJS/503 Intro to Graduate Study in Criminal Justice April 11 2015 Many law enforcement officers have been accused of illegal searches and seizing property for evidence illegally with no probable cause. That is unconstitutional according to the fourth amendment. The fourth amendment protectects the right of the people to be secure in their homes, cars, any personal belongings, and no warrant can be issued without probable cause. That means an officer can't just infiltrate your home because he thinks some drugs are inside. Him/Her will need sufficient reason based on facts known to believe a crime has been committed or that certain property is connected with some illegal activity. In an New York Times article Newark, New Jersey has had several instances of unlawful practices and illegal stops and searches by police officers. To deal with these problems a proposal to have officers wear cameras and also make some changes to individual department policies on search and seizures has been made. The justice department revealed a document stating that seventyfive percent of people stopped was without probable cause, and the majority people stopped by the police were minorities. Even the property seized unjustified such as drugs and firearms was gone unreported. The fourth amendment was created just for this issue. Some officers take too much authori...
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...THE EXCLUSIONARY RULE Geoff Moore LSTD503 CRIMINAL JUSTICE PROCESS The Exclusionary Rule In 1763, William Pitt spoke in front of Parliament. In that speech he stated that the King of England cannot enter with all his forces. It can be said that the American colonists went to war, the Revolutionary War, with England to stand up for their rights. One of those rights was the protection from illegal searches and seizures. When the Congress debated on the wording of the Fourth Amendment, they had an extreme importance of needed protection from government encroachment. The Fourth Amendment to the United States Constitution was designed and written specifically to protect citizens from illegal searches and seizures: “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.” [1] The exclusionary rule excludes evidence that was collected from an illegal search from being presented to convict someone of a crime. It is asserted to reject illegitimate police behavior by not allowing unlawfully seized evidence from being allowed in court. [2] When defense lawyers use the exclusionary rule, properly, it consistently damaging the district attorney’s case. This is why the officers are constantly being...
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...and police officers obtaining evidence in an illegal manner. Officers need to handle each situation when probable cause and reasonable suspicion is involved. Determining what is reasonable and what is not takes great skill, perseverance, comprehension of the law, and an innate intuitiveness on the part of the officer. The Fourth Amendment clearly defines the exceptions to the warrant requirement. There are several exceptions pertaining to a legal, valid search and seizure without a warrant. Officers must possess the specific, lawful knowledge pertaining to such events, and do so without violating any one’s constitutional rights. Within this essay I will define and discus the differences between probable cause and reasonable suspicion, as well what constitutes reasonableness. Also, I will discus four of the Fourth Amendment’s exceptions to the warrant requirement with several examples. Probable Cause: The Fourth Amendment guards the peoples right from unreasonable search and seizures, and stipulates that “no warrant shall issue, but upon probable cause.” (Bill of Rights; The Fourth Amendment, 1791). Probable Cause can be defined as obvious factual evidence obtained by the means of a logical inquiry by a law enforcement agent that would lead them to believe a detained person(s) has committed an illegal action, thus necessitating to his or her conviction. Probable cause is a constitutional obligation that warrants...
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