...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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...and hard about the inclusion of a Bill of Rights .The key reason the Founders finally united and agreed to pass a Bill of Rights, even though the Federalists had initially argued that a piece of paper could not act to protect individual freedoms, was because they felt there had to be a way to “oblige the government to control itself,” (Postell). There are many searches of colonists’ private homes and their inability to protect themselves from such intrusions by the British Crown led the Founders to pass the Fourth Amendment (Flex Your Rights Foundation). At its core, the Fourth Amendment protects the right of the people to be free from an absolute government intrusion and from a government that has run wild with its own power. The Fourth Amendment says (Findlaw): 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. People have a right to feel safe in their houses and property cannot be lost to government action simply because the government has the power. To protect people from government intrusion and its aggressive exercise of power, probable cause was and is now required before a warrant is granted (Findlaw). Americans have an absolute right to be safe from unreasonable searches and...
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...possible, and a follow up investigation attempts to reconstruct the sequence of activities. Although a few offenders are arrested at the scene of the crime, most are apprehended later. In such cases, an arrest warrant issued by a judge provides the legal basis for an apprehension by police. An arrest, in which a person is taken into custody, limits the offender's freedom. The Arrest is a serious step in the process of justice. Most arrests are made peacefully, but if a suspect tries to resist, a police officer may need to use force. During arrest and before questioning defendants are advised to the constitutional rights, also known as their Miranda rights. The criminal justice procedure begins with arrest, followed by the booking of suspects, arraignment, preliminary hearing, grand jury trial, pretrial hearings, the criminal trial, followed by sentencing. In this paper, I am also going to discuss constitutional protections for the defendant as well as those in place to protect society as a whole. Following arrest, suspects are booked. During booking, which is an administrative procedure, pictures are taken, fingerprints are made, and personal information such as address, date of birth, weight, and height are gathered. Details of the charges are recorded, and an administrative record of the arrest is created. At...
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...law: those who support it and those who oppose it. Those who support the Patriot Act have consistently countered that the provisions of the Act are necessary to protect the people from future terrorist attacks, and that the law does an adequate job of protecting individual civil liberties; while those who oppose it argue that the Act is an egregious assault on individual liberties as it violates their constitutional rights. The hypothesis of this paper is to dissect and analyze Sections of the Patriot Act to see if they are in violation of the United States Constitution. Specifically the paper will analyze Sections 505, 215 of the Patriot Act to see if they violate the Constitution. The first violation in question comes from Section 505 of the Patriot Act. Section 505 expands the Federal Bureau of Investigation or the FBI’s authority to issue National Security Letters or NSLs demanding customer records from various public establishments. According to the American Civil Liberties Union (2011), an organization dedicated to the protection of the constitutional rights of the people, “The National Security Letter provision of the...
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...Social Policy Enactment using the Constitution of the United States of America Introduction. For this research paper, we were tasked with an assignment to review the twenty-seven amendments to the Constitution of the United States of America. We were then instructed to write a one or two page paper that identified amendments, other than those that were in the Bill of Rights, that were used to achieve social policy. My objective is to identify several hot-button social policies that are routine topics of debate in our country, such as: social welfare, gun control, and voter's rights. Body. The U. S. The constitution states in Article I, section 8: The people of the states empower the Congress to expend money (for the enumerated purposes listed in Article I, section 8), provided it is done in a way that benefits the general welfare of the whole people (Social Welfare). Thomas Jefferson stated that the intent of the Amendment was to limit the...
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...The Fourth Amendment: Search and Seizure Erek Anderson, Rachel Coen, Lawana Garfias, Malerie Gomez, Nicholas Tellez & Sara Ungerer CJA/364 February 16, 2015 Instructor: Bobby Kemp Search and Seizure Search and seizures are highly debated topics in the United States. Stop and frisk, automobile searches and border searches all fall within the guidelines of the Fourth Amendment. Discussed in this paper will be what reasonable searches, seizures and arrests are and how they are applied. Also to be discussed is whether probable cause is needed during warrantless searches and how the right to privacy is weighed. Finally, this paper will discuss how America’s borders are being protected by the Fourth Amendment, and what exceptions to the rule are necessary to protect America’s security interests. Stop-and-Frisk The definition of a “stop and frisk” is when the police temporarily detain a person and “pat down” their outer clothing if a law enforcement officer believes a suspect is armed and dangerous (Center for Public Education, 2015). For example, if a person is observed walking back and forth in front of jewelry store, meets another person around the corner from the store, and an officer observes one person handing the other person something which they put into their jacket. The officer can stop and frisk that suspect because they will have a reasonable suspicion that the suspects could be armed, and are possibly going to commit a crime. A frisk, by definition, is a...
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...Langston American Intercontinental University Abstract This paper examines the many factors of search warrants it will examine the process by which a search warrant may be applied for and issued, focusing on the requirements of the Fourth Amendment. This paper will also describe probable cause and the standard by which the cause is fulfilled. In addition, it will describe and discuss at least two forms of searches that do not need a warrant. Also discussed in the study is warrant less searches, if the reasons are compelling, and if all requests require probable cause exists or exceptions. Search Warrants & Probable Cause Search warrants are issued when there is probable cause and it needs one. If a police officer was to walk into your household and search it without consent or a search warrant, they not only get into trouble, but what they might find could be thrown out at the hearing and does not count against you. Occasionally there are even searches that will not involve a search warrant which means whatever they do discovery can become trouble for you as well as can be used alongside you in court. Under the Fourth Amendment, to law enforcement or anyone else in this field, individuals need be safe in their households and in their individuals against arbitrary searches and seizures (Schmalleger, 2012). Fourth Amendment states: "The right of the people to have protection of their persons, houses, papers, and effects, against unreasonable searches and seizures shall...
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...Rights of the Accused Down through the years our Constitution has undergone many changes and revisions for the sake of equality. The Constitution defines the rights of a free people, whose rights and liberty are derived from their creator (Meese, 2009). After the Civil War new amendments were added to the Constitution in order to ban slavery and protect newly freed slaves. The Fourteenth Amendment, ratified in 1868, implemented no state shall deprive any person of life, liberty, or property without due process of law (Wilson, 2011). The Fourteenth and the Fifth Amendment represent the right of due process. The due-process clause refers to fair procedures and equal protection of laws for all persons in the United States. The Fifth Amendment, ratified in 1791, also insists that no person shall be deprived of life, liberty or property without due process of law. Even though this amendment applies to the federal government, the due process clause guarantees that a party will receive a fair, orderly, and just judicial proceeding (Cornwell, 2005). The Constitution prohibits all levels of government from unfairly depriving individuals of their Constitutional Rights. Due process was designed to protect the accused against abuses by the federal government. Evidence gathered illegally or unlawfully can not be used in a trial. This method refers to the exclusionary rule. This rule allows evidence that was gathered in violation to the Constitution to be excluded and not permissible...
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... | | |HIS/301 Version 6 | | |U.S. Constitution | Copyright © 2012, 2010, 2008, 2006, 2005, 2004, 2003, 2002, 2000, 1997, 1994 by University of Phoenix. All rights reserved. Course Description This course is an introduction to the historical, political, philosophical, and economic roots of the U.S. Constitution. It first reviews the philosophical arguments of the Federalists and the Anti-Federalists, those that supported and opposed ratification of the Constitution. The course then examines milestone Supreme Court decisions and the Court’s evolving interpretations of the Constitution. This course focuses on the first ten amendments of the Constitution, known as the Bill of Rights, and the issues of slavery and civil rights as seen through major court decisions. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the...
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...First Year LLM Degree Program Syllabus Semester I Paper - I Legal Theory - I Paper - II Constitutional Law - I Paper - III Research Methodology Semester II Paper - I Legal Theory - II Paper - II Constitutional Law - II Paper - III Law and Social Change ~YllabUS for tbe LL.M. Programme Note: The topic title of the syllabus is merely indicative. In order to keep up with the recent developments in law and the development of various concepts and ideologies, the subject faculty will supply detailed syllabus during the course of the scheme. The subject faculty will also supply the seminar topics for each student for each semester separately. The student should ensure that they are allotted the seminar topics in each of the subjects at the beginning of the semester itself. LEGAL THEORY I 1. Nature of jurisprudence 2. Meaning of Law 3. Natural Law theories 4. Classical Positivism 5. Pure Theory of Law 6. Analytical School of Law 7. Sociological School of Law 8. American Realism 9. Scandinavian Realism 10. Historical and Anthropological Jurisprudence 11. Marxist Theories of Law and State 12. Feminist Jurisprudence 13. Postmodernist Jurisprudence 12 SUGGESTED READINGS 1. Lloyd's introduction to jurisprudence 2. Jurisprudence by Dias 3. Jurisprudence by Mahajan 4. Jurisprudence by Bodenheimer 5. Jurisprudence by Wayne Morrison 6. Concept of Law H.L.A. Hart 7. Social Dimension of law by Julius Stone 8. Law in the Changing Society by Friedman 9. Law...
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...Are Facebook, Twitter, and Instagram worth it to get? | EN1420 Composition II | Are Facebook, Twitter, and Instagram worth it to get? Most people, seeing that millions actively use them, would say yes. I on the other hand, say no! I used to take part with each of these social media sites and as a user did not find them useful and actually found them to hinder my life. Many issues happen with work and home life; not to mention so many people are “addicted” and say too much or look at them way too often. Since the rise of social media sites in 2004 when Facebook went public to all, the American culture has become a very open, nosy, tell all population. Throughout my research I focused on the user perspectives and the negative sides of the sites; along with the Terms and conditions or behind the scenes aspects of the three sites. Focusing on just the user point of view at this point most people that use Facebook to begin with have features of their locations or tell the world of Facebook their day to day story including where they are going and what they are doing. This allows for people to stalk each other and know people’s daily routines giving the bad people of the world easy access to do what they would like. From personal experience Facebook can cause issues at work and within a household or relationship. You can send and receive messages and hide many wrong doings on Facebook. People can have secret relationships through Facebook with messaging or the IM feature...
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...Supreme Court Sanctions Legal Misrepresentation The Fourth Amendment isn’t the only rule violated in these situations; most of the American civil liberties have been undermined due to the drug war. The Court has allowed the following: War on Drugs tactics #1: Consent Searches Started in 1960’s but rarely used until the 1970’s -primarily for hostage situations, hijackings, and prison escapes Once arrested, one's chances of ever being truly free of the system of control are slim, often to the vanishing point. Tens of thousands of poor people go to jail every year without ever talking to a lawyer. Approximately 80% of criminal defendants are indigent and thus unable to hire a lawyer. People fear police harassment, retaliation, and abuse−especially poor people of color. Those looking for an attorney often find that unless there are broken bones and no criminal record, private attorney would unlikely be interested in the case. Without significant provision over the authority when exercising police discretion, they can arrest Americans for nonviolent drug charges with relative ease. The Supreme Court lets them do it by, and I quote, “eviscerating Fourth Amendment protections against unreasonable searches and seizures by the police.” Due to this, people are outright saying that there is a “virtual drug exception” in the Bill of Rights. What this means is that the Supreme Court is creating and abusing a section of the Bill of Rights that does not legally exist. Law does not restrict...
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...AL LIABILITY AND THE USE OF FORCE Margaret Barnes LEG-320 Criminal Law Professor Muhammad Strayer University Date: 01 February, 2013 Criminal liability and Use of Force 1. The crime of solicitation takes place when a person invites, commands, requests, and hires or urges another person to commit a specific offense (LexisNexis, n.d.). For a solicitation to take place, the offense does not have to be consummated. This means to say that solicitation of crime is complete after it has been communicated to another. In certain states even as a joke or a hoax can constitute a crime of solicitation because the authorities cannot know when a person may only be joking; others may also use jokes to hide their true intent (Gardner & Anderson, 2011). An example of solicitation is a pimp asking a girl to commit prostitution. The pimp is considered to have committed a crime because prostitution is illegal. The girl though cannot be considered to have committed the crime unless she would actually offer sexual services to another person in exchange for money. Another example is an employee who agrees in an employment contract not to solicit business from a company’s customers after the contract has terminated but sends a letter of solicitation to company customers once his or her employment contract ends. The letter constitutes a solicitation and is considered illegal. However, in order to prove that a defendant is...
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...Second Amendment In this research paper, I will argue for the Second Amendment. The Second Amendment deals with the rights of United States citizens to bear, and keep arms. Many people are against the Second Amendment and want to abolish it, and have guns removed from United States citizens. The Constitution was written to protect the rights of the people in the United States, and by taking away guns would infringe on our constitutional rights. How would citizens defend themselves in a life or death situation if guns were to be taken away? The Fourteenth Amendment "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; ... " (Taylor; par. 21) was integrated with the Second Amendment right, to keep and bear arms for the purpose of self-defense. Self-defense includes, protecting your-self and family from imminent harm, and being able to protect one’s personal property. The use of deadly force maybe necessary to help in defending your-self from an intruder entering your home, or to prevent a kidnapping, murder, sexual assault, robbery, or domestic violence. Regulations have been implemented through-out state and local governments to help aid in gun ownership. Reasonable restrictions have been executed to control, that who can possess a gun. To name a few gun control restrictions for gun ownership are people who have...
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...same month, Freddie Gray died while in police custody in Baltimore, setting off widespread unrest. The policeman in the South Carolina case, Michael T. Slager, was charged with murder based on a cellphone video. In Baltimore, the driver of the police van in which Gray died, Caesar Goodson, was charged with second-degree murder, with lesser charges for five other officers. There have been no indictments in the earlier cases. These follow other recent incidents and controversies, including an April 2014 finding by the U.S. Department of Justice (DOJ), following a two-year investigation, that the Albuquerque, N.M., police department “engages in a pattern or practice of use of excessive force, including deadly force, in violation of the Fourth Amendment,” and a similar DOJ finding in December 2014 with regard to the Cleveland police department. In March 2015, the DOJ also issued a report detailing a pattern of “clear racial disparities” and “discriminatory intent” on the part of the Ferguson, Mo., police department. As the Washington Post reported in July 2015, a...
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