...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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...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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...Criminal Procedure 4th Amendment The 4th Amendment, and Article 1 Section 12 of the NY constitution prohibit unreasonable searches and seizures. A search or seizure is unreasonable when performed by the Government and not authorised by the warrant or conducted under circumstances given rise to an exception to the warrant requirement. The 4th Amendment does not prohibit, or require a warrant for reasonable searches and seizures. It is a restraint on government or state action, but does not prohibit private reasonable or unreasonable searches of seizures. The 4th Amendment does not require a warrant for searches of US citizen on foreign soil. Prob: Wife searched H briefcase and found videos in which H featured their 13 year daughter in a pornographic film. W turned the film over to a friend, a police officer, who used it to obtain an arrest warrant. H could not claim a 4th Amendment violation to suppress the film, because W is not an agent for the state, and thus there was no state action. For a warrant to issue a detached disinterest magistrate must find that the Government has demonstrated a substantial basis of probable cause. The Government must be able to show objectively that taking into account the experience and expertise of the officer, (i) for an arrest warrant it is more probable than not that a crime has been committed and that the person to be arrested committed that crime, or (ii) for a search warrant that is more probable than not that evidence...
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...There have been a number of landmark decisions made in the U.S. Supreme Court that effect the 4th amendment. Some of the most influential cases of all time are Weeks v. United States, Mapp v. Ohio, Terry v. Ohio, Florida v. Bostick, and Schneckloth v. Bustamonte. These cases have shaped the way law enforcement must go about apprehending certain suspects. They must now be careful when it comes to searches and seizures, and making sure to have a warrant or the owners consent before doing so. Weeks v. United States was the case that created the exclusionary rule, which barred illegally obtained evidence from being used in court. The case began when police had reason to believe that Fremont Weeks was sending lottery tickets...
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...The Fourth amendment states that you have the right of privacy in your home and body. However, that right was violated when the government scanned DLK’s home. Federal agents suspected that DLK was growing marijuana in his home, and scanned the outside of his home with a thermal imager. The thermal imager was able to detect unusual heat waved in certain places of the house. Thus, the question is, did the government go too far with the right to investigate a place as well as the right to take evidence by the government? The answer to that question is yes for three main reasons. The government violated DLK’s 4th amendment rights, a warrant was needed to scan the house, and the government invaded his privacy because they used technology that enhanced...
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...precedents set by the first Americans can still apply in this new digital age. Recent trials between law enforcement and major tech companies have been at a stalemate because of this predicament. The government should not be allowed to commission digital information from tech companies because of a customer's fourth amendment rights, their lack of consent, and the dangerous precedents it could set. One of the most important reasons that the law should not be allowed to seize data from our technological devices is the 4th amendment, which applies to all American citizens. The 4th amendment explicitly 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.” This excerpt from the bill of rights simply states that law enforcement cannot...
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...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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...The constitution of the United States was written to protect the rights of American citizens. One in particular the 4th Amendment which is the right “to be secure in their people, houses, papers, and effects against unreasonable search and seizure.” This was a step forward on the road to guarantee privacy, however the protection provided was limited because of the technological advances, which in turn the protection of privacy is becoming more abraded in favor of enforcing law. For example, in a Supreme Court 5-4 opinion, induced by Supreme Court Justice Associate Anthony Kennedy, the Supreme Court ruled that no suspicion collection of the DNA of those arrested for a serious crime did not violate the Fourth Amendment. Antonin Scalia, another Supreme Court...
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...of the crown. It may be frail—its roof may shake—the wind may blow through it—the storm may enter, the rain may enter—but the King of England cannot enter—all his force dares not cross the threshold of the ruined tenement." -William Pitt in Parliament in 1763- If freedom of speech, the first amendment, is the most important of our right than the Fourth Amendment, protection against unreasonable search and seizure is right behind it. To the framers of the constitution illegal search and seizure was deeply personal. British soldiers through writs of assistance had a blank check to search homes and personal belongings, this is likely why they included protections from such searches...
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...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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...confessions that were procured after violent interrogation. The Fourteenth Amendment Due Process was violated when a confession obtained and physical torture was used to convict the defendant. Police tried to carry out the confession as evidence but was overrule because it would violate the due process of the Fourth Amendment. A teenager was arrested one charge of murder, and questioned by police, without benefit of counsel or any friend to advise him. Later he signed a confession typed by the police. This confession stated that he would admit to the evidence, and later was convicted. The methods used in obtaining this confession...
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...Defendant’s person subsequent to a warrantless arrest for which Defendant was wrongly suspected of being a Jewelry Store Burglar based on static details given by an anonymous caller and police observation that something “sparkly” was in Defendant’s van, further Defendant never “voluntarily” consented to the warrantless arrest, and most notably seizure for the arrest in question occurred inside the threshold of Defendant’s home? Table of Contents Page Question Presentedi. Table of authoritiesiii. Statement of the case1 summary of the argument2 Argument3 I. MR. BOBBY LANE’S FOURTH AMENDMENT RIGHTS WERE VIOLATED WHEN he was SIEZED INSIDE THE THRESHHOLD OF HIS HOME WITHOUT WARRANT, ABSENT PROBABLE CAUSE FOR THE JEWELRY BURGLARY, OR A CONCENT EXCEPTION. THEREFORE, THE COURT SHOULD GRANT THE MOTION TO SUPPRESS EVIDENCE3 A. Defendant Was Inside The Threshold Of...
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...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 in the case of the United States of America v. Richard D. King, Jr., as with many involving an attempt to claim the defendant’s 4th and 5th Amendment rights have been infringed upon by the law enforcement investigation. In the provided...
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...poliocePolice Dogs and the 4th Amendment Kenda Julius The University of Phoenix CJA/304 Police Dogs and the 4th Amendment The 4th Amendment Americans have protection from the law doing any unreasonable search and or seizure. The American people take the 4th Amendment very seriously and when they feel it may have been breached by law enforcement, action is usually taken. However, does the 4th Amendment also pertain to “drug sniffing police dogs”? Do police dogs need to obtain a search warrant when drugs are thought to be smelled? The Supreme Court of The United States of America recently has decided that police dogs may not search or sniff without a warrant. Florida v Jardines In December 2006 surveillance was being set up outside the home of Mr. Jardines. Miami-Dade police and the U.S. Drug Enforcement Administration had gotten a tip that the Jardine household may be growing marijuana and trafficking the drug as well. On the morning of December 05, 2006 a police detective and his drug dog went up to the porch of the Jardine home. The dog “Franky” immediately set down, which is the communication the dog uses for positive drug smell. This information was then used to obtain a search warrant. Needless to say Mr. Jardine had over $700,000.00 in marijuana and was arrested. Invasion of Mr. Jardines Privacy and Trespassing Intrusion of the home is what Mr. Jardine says happened. His front door was shut and the front patio of a home is a part of the home. Therefore...
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...Amendment Essay Twenty-seven amendments have been ratified since the original signing of the Constitution, the first ten of which are known as the Bill of Rights. The Amendments to the United States Constitution have had a major effect on American life. A major feature of the Constitution is the capability of changing the document in order for it to become accustomed to the changing times and conditions. There are a few methods in order to change the Constitution. An amendment proposed by 2/3rds vote in each house of congress could be approved by either one of two ways. It must be either ratified by 3/4ths of the State Legislature or by the Constitutional Conventions in 3/4ths of the states. To approve an amendment proposed at a National Constitutional Convention it must also be ratified by 3/4ths of the State Legislatures or by a Constitutional Convention in 3/4ths of the States. The First Amendment, freedoms, is one of the most known and the most important of all. A historical event that led to this amendment was that the new American settlers brought with them a desire for democracy and openness after the American Revolution. They left behind a history of tyranny and official control of information. Using this experience as their guide, the constitutional fathers wrote into their new Constitution a Bill of Rights, which contained the First Amendment. This Amendment was created so that the people would have the freedom to express themselves without worrying. Disagreement to...
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