... The fourth amendment | The fourth amendment Like many other areas of American law the fourth amendment finds its history rooted in English law. Which basically states a man's home is his castle. The fourth amendment is part of the Bill of Rights with guards against unreasonable search and seizures it also requires that a Warrant be judicially issued as well as there has to be probable cause. It was adopted during the American Revolution. Search and seizures including arrest should be limited to the scope of the Warrant with specific areas are items to be searched or a specific person arrested. The fourth amendment protects the home, papers and effects against unreasonable search and seizures. There are a few exceptions to this law one if the person gives consent to search no warrant is required. Another exception is if an officer sees something in plain view. Open fields such as pastors open water would be searched without warrant because they're open there is no expectation of privacy. Computers and privacy Over the last decade, courts decided whether the government can access evidence of illegal activity stored on digital technology without violating the Fourth Amendment. Many cases discuss whether incriminating evidence stored by an employee in workplace computers is protected under the reasonable expectation of privacy. In a majority of cases, employees do not have a reasonable expectation of privacy for electronic communications at work. the Fourth Amendment...
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...throughout the years. The exclusionary rule, in addition to three court cases, which have had a direct impact on the rule, will be examined in this case study. The court cases are Weeks v. United States (1914), Rochin v. California (1952), and Mapp. Ohio (1961). The Fourteenth Amendment to the United States Constitution and how it operates is accordance to the exclusionary rule, will also be studied. Additionally, this case study will examine logical searches and how they may have pertained to the three court cases. Exclusionary Rule The exclusionary rule is an interpretation of the Fourteenth Amendment by the Supreme Court, it is not part of the U.S. Constitution (Dempsey, 2013). When written, the Bill of Rights only applied to “agents of the federal government—not to those of local governments—the Court first applied the exclusionary rule only to federal courts and federal law enforcement officers.” (Dempsey, 2013, p.179) In court cases, the rule has progressed as an interpretation of the Fourth Amendment by the Supreme Court, which forbids any irrational search and seizure of a citizen. Illegally confiscated evidence cannot be utilized against a defendant in a court, as it violates the Fourth Amendment, thus, the evidence can be perceived prohibited (Oaks, 1970). Providing fair trials is a responsibility of the courts, and prosecuting attorney’s would not have a fair advantage by admitting evidence collected was outside the rule of law. The exclusionary rule is a rule created...
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...search and seize during a routine traffic stop or when arrested. Although the police may or may not have probable cause, that shouldn’t give the police the right to search and seize your phone without a warrant. It is in the best interest of everyone because your Fourth Amendment right is being violated and your privacy is being taking away from you. Your cell phone should be considered as your property as stated in the fourth amendment, which cannot be searched without a warrant. Your cell phone contains a lot of sensitive information such as banking information, medical records, personal photos, videos, names of friends, and associates that you wouldn’t want for anyone else to know. Even if an arrest is being made for a major traffic violation such as DWI, excessive speeding, driving reckless, or the suspicion of a crime, a police offer should produce a warrant to justify the search and seizure of your cell phone. Probable Cause During a routine traffic stop, a police officer has a lot of power to their discretion. If they pull you over for speeding, not wearing your seat belt, having expired tags or a blown taillight, they may give you a ticket or give you a warning. In the most extreme case they may arrest you for not wearing your seatbelt or if you have an outstanding warrant against you for minor offense such as not paying your parking tickets. Since they are suspicious in nature, if your cell phone is in plain view, the police may search it for information because they...
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...Describe the type of search the framers of the Constitution prohibited through the Fourth Amendment. Searches that were prohibited through the Fourth Amendment were, general warrant and searches, multiple specific warrants, nocturnal searches and no-knock entries that were considered unreasonable (pp.739.50, Cuddily, William). General warrant was the “preponderant behind the 4th amendment”, (Cuddily, William, p.771), According to Cuddihy he argued that these warrants were considered unreasonable. General warrants were used just because officers may disapprove or did not like you. Anyone that they wanted to target this type of warrants were used whenever they felted necessary. Nocturnal Searches and No-Knock Entries like general warrant these...
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...1. How does the Fourth Amendment’s warrant requirement protect you? The Fourth Amendment protects us from being seized or have the authority come into our homes without probable cause, without having a warrant to search our property they cannot search the place that which belongs to us. Having the Fourth Amendment around is good but once you’re on Government grounds the Fourth Amendment cannot protect us cause they have actual probable cause to search your personal properties that includes your vehicle, your work space and for the ladies your purses and whatever the ladies care with them even for the men they can search there briefcase and all, cause on Government grounds they can hold 24 hours or more if they except you for treason. 2. What is the Exclusionary Rule? The Exclusionary Rule is a Bill that is use to put criminals behind bars and it was being written in 1914 when they first tested it then it was signed by the President then it was put in motion in 1966. The Exclusionary Rule protects us from those who are willing to bend the laws of men, without this Exclusionary Rule everything and everywhere will be in chaos. 3. How has the Supreme Court applied the Fourth Amendment to employers? How have they ruled with regard to drug testing in work environments? Do you agree with these rulings? The Supreme Court is the highest court we have in the country and according to what they say about them applying the Fourth Amendment to the employers is that everybody...
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...of the Criminal Justice System Search Warrant Issue Process and Fourth Amendment Requirements The Search Warrant is known as an order being written and issued from the officials of the court. The warrant bestows the officer full authority to find a person at a particular place while looking for particular objects and to take possession if objects are found with the person. As per the criminal court, the constitution of a specific state can be the basis on which search warrants can be sought. Search Warrants objects comprises of commission of crimes along with stolen goods and other things such as black marketing, narcotics and smuggling. A proper check between the judicial along with the legislative government branches exist in the form of the Constitution belonging to the US. The US constitution fourth amendment safeguards people from irrational searches and from their valuables being taken away through legal process. Under this amendment a search warrant is issued only once it’s determined with surety that a crime is committed by a particular individual. The fourth amendment makes it essential to prohibit evidence in the form of trial being taken from illegal searches being made without verifying an authentic warrant (The Fourth Amendment Warrant Requirement, 2008). Searches without Warrants 1. Lawful Arrest Search Incident The lawful arrest search incident is not restrictive to the issuance of a warrant. This means that if a person gets lawfully...
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...The Fourth Amendment The Fourth Amendment to the United States Constitution was endorsed in 1791 with the purpose of insuring that a bubble of privacy would surround each and every American citizen. The main way that this is accomplished is by protecting citizens from unreasonable searches and seizures. This allows us to be protected in the privacy of our papers, our houses, our effects, and our persons. The Fourth Amendment provides a restraint on searches and seizures by agents of the government. The Fourth Amendment to 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 or things to be seized” (U.S. Constitution. Amend. IV). This amendment to our Constitution was outlined because the founding fathers of the United States were unhappy with the practice of 'general warrants'. General warrants allowed the king of England (or his representatives) extensive permission to search homes and businesses. These general warrants authorized the carrier to enter any house or other place to search for and seize prohibited and unaccustomed goods. In this scenario, governmental agents were allowed to search private premises, without providing any specifics about the place to be searched or the things...
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...Fourth Amendment Summary Jesus Lozano-McNeely Alonso Butts, Blair Smith CJA/364 Criminal Procedures University of Phoenix Mr. Dennis Dougan September 15, 2014 Fourth Amendment Summary Team C will define and explain the common law background of the Fourth Amendment. This paper will break down the basic terminology of the Fourth Amendment in which protects persons, house, paper and effects. From unreasonable search and seizures. Search warrant on a Person A search warrant gives the law enforcement officers permission to search for certain evidence in a specific place. Without a search warrant, police officers may not search a place without its owner’s consent or if the evidence is in plain view. It is supported by the Fourth Amendment “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 (Law. Cornell 2012)”. A search warrant is granted by courts where a judge needs to sign of it if he or she thinks the warrant is necessary. The officers must have probable cause when trying to obtain a warrant. When officers put in for a warrant, judges may issue the search warrant. To obtain a warrant, an officer must show that the search is justified and should have sworn statements that support their...
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... | |Pro. History |A trial judge ruled in McNeely's favor to suppress the results of the blood test, stating that | | |administering a blood test without a warrant was a violation of the suspect's Fourth Amendment | | |protection against unreasonable searches and seizures. | | |State prosecutors later argued that the administration of the test without a warrant was justified as | | |blood alcohol would be metabolized with time, and a delay in obtaining a warrant would amount to | | |destruction of evidence, citing the exigent circumstances exception in the United States Supreme Court | | |decision Schmerber v. California. On appeal, the state appeals court stated an intention to reverse, | | |but transferred the case directly to the Missouri Supreme Court. The Missouri Supreme Court affirmed | | |the trial court's decision that the officer had violated McNeely's Fourth Amendment rights. | |Short Facts |Tyler McNeely (Defendant) refused to consent to an alcohol breath test or a...
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...released that gives emphasis to the Fourth Amendment needs. Also, the definition of probable cause and its principles in which it is assembled will be discussed. There are two kinds of investigation that do not necessitate a warrant which will also be enclosed in this paper as well as concentrating on a small number of enquiry such as What the underlying principle is for consenting to warrantless investigation, and if these rationale are influential, and whether or not all investigation necessitate that likely reason are present or if there are discharged or not. Investigative permit procedure and the Fourth Amendment requests Searching warrant is not only disturbing they have to also be precise and they are not all equivalent. If a person uses a search warrant for instance to get hold of a company’s financial records or even a senior manager who is assumed of deception this course of action is not uncomplicated, nevertheless if a person uses a search warrant to situate an confiscated part of proof such as a bullet, or illegal pills then it is reasonably uncomplicated to do. Moreover, The Fourth Amendment has to be well thought-out and taken critically when acquiring a search warrant and the officer has to be extremely cautious to show consideration for the rights of other individuals to be protected in their homes, people, possessions, and permit adjacent to irrational search and seizure, shall not be dishonoured. “One purpose of the Fourth Amendment is to prevent, and to protect...
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...The Fourth Amendment is a part of the Bill of Rights, which protects a citizen’s right to freedom and liberty. The Fourth Amendment was added to the United States Constitution on December 15, 1791. As we know the Fourth Amendment is the right of people to be secure in their persons, house, 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 to be seized. “ The history surrounding the Fourth Amendment provides evidence that the protection against unreasonable searches and seizures was connected to the law prohibiting interference with another possession...
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...the 1970s, America struggled with the legal status of surveillance under the Fourth Amendment (Cetina 2013). The Foreign Intelligence Surveillance Act (FISA) became necessary in the 1970s after turmoil surrounding the legality of various domestic intelligence activities, especially that of President Richard Nixon’s usage of federal resources to spy on political and activist groups. In response to these conflicts in 1978 FISA was created (Banks 2007). FISA essentially regulated and authorized electronic surveillance of foreign powers and agents of foreign powers in the United States. FISA Court was created to setup a standard set of rules while obliging by government’s need to obtain surveillance orders secretly and as quickly as possible. However as a result of our changing world FISA has become a drastically more complicated law than when it was originally passed in 1978, and the role of the Foreign Intelligence Surveillance Court (FISC) has accordingly grown far beyond the bounds of what government envisioned when the law was created (Blum 2008). FISA has proven to be troublesome in multiple ways for both intelligence gathering agencies, and those concerned with its potential violation of the 4th Amendment and various privacy concerns. It has proved to be a bureaucratic burden for intelligence gathering agencies, but also increased scrutiny from the public about concerns surrounding the 4th Amendment. The best way to revive balance between keeping American safe from foreign threats...
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...The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. These pamphlets however ridiculed the king and his ministers. After finding this out the king issued warrants to have the pamphleteer’s homes ransacked and stripped of all their books and papers. Even back then the pamphleteers knew that their rights were violated and fought back. They stated that the searches were against them, similar to a “personal attack” rather than an attack on their information they held within their homes. This is an extremely early case dealing with search and seizure, if not one of the first cases, in which the individuals being searched stood up for themselves because they felt the actions taken against them were unjust. However, since these cases are dated so far back in history it is hard to understand whether our founder fathers could have foreseen any problems with the amendment in the future, and everything that applies under the fourth amendment today. At the end of the eighteenth century this was dealing with pamphlets that the king did not like and tried...
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...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 and seizures were unreasonable, the law enforcement officers would be held accountable...
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...Issue: Whether the fourth amendment search and seizure constitutional right was in violation in Encinitas, Ca. when Mike Pilazzio and his passenger, Mrs. Walden was pulled over after Mr. Pilazzio crossed a sold double yellow line, not giving him permission to search his belongings in result finding a purse full of crack cocaine without probable cause. Rule: 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) Exclusionary rule: There are thirteen exclusions to the Fourth Amendment rule, which follows: Probable cause, Consent searches, Probation searches, Search incident to arrest, Stop & Frisk, Exigent circumstances, Plain view, Vehicle searches- the search and seizure of stolen or forfeited goods, or goods subject to a duty, and the personal effects searched or seized for evidence. If a vehicle is impounded or if there is probable cause, law enforcement does not need a warrant. Border searches, Open fields, abandoned property, Consent searches, Administrative (2) Does not support the case: Carroll v. United States Robbins v. California Does support the case: Knowles v. Iowa Wyoming v. Houghton History: On the morning of November 12, 2013, Mr. Mike Pilazzio...
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