suspect criminals.” This statement deals with the 4th Amendment, which is “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” (Schmidt )Wexler feels that if the 4th Amendment protects adults than it should protect children
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but when they are limited, they are subject to strict scrutiny by the courts. Plus, the rights are only protected from government transgression. Your employer can limit your right to free speech, just like your apartment complex can violate your 4th amendment rights. Just yesterday the government forced elderly people to leave their homes, to "save" their lives, yet half of them just wanted to be left alone to deal with the disaster by themselves. In the Bill of Rights it states that people cannot
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only protected from government infringement. Your employer can limit your right to free speech. Your apartment complex can violate your 4th amendment rights. The following situation I choose was Citizens were denied the right to bring legally owned firearms to storm shelters. The constitutional amendment that relates to the first situation is second amendment. The arguments that would be made is that it would prevent in crime in a innocent areas or neighborhood. My position in this situation is
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circumstances would permit a warrantless entry into a home to arrest for an offense of this level (State of Minnesota, Respondent, vs. James Howard Klein, 2014). Cases such as this one could possibly jeopardize the privacy protections offered by the Fourth Amendment and create the potential for abusive police practices (Cars, Cops, and Crooks: A Reexamination of Belton and Carroll ). An attempt to expound upon the effects of failing to obtain consent to make a warrantless search of a dwelling is explored.
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public crowded building then yes they should be arrested even having the right of the 1st amendment because people can get hurt in the evacuation. If a person is speaking their opinion, even though you have a different perspective you should still respect and understand where their coming from. If government officials forced people to evacuate from their homes then they would be violating the peoples 4th amendment rights. People should be able to choose if it is necessary to evacuate the area their
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1) What rights are protected by the Fourth Amendment to the U.S. Constitution? • The fourth amendments protect against unreasonable search and seizure of persons, property, or other items without justification. The fourth amendment only protects against persons, houses, papers, and effects against unreasonable searches. You must have probable cause to obtain a search warrant (p. 37). 2) Explain an anticipatory warrant. • An anticipatory warrant is a warrant bases upon an affidavit (written statement)
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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
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type of a search. The 4th amendment under bill of rights protects general public with their privacy. The 4th 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, 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 fourth amendment limits “unreasonable
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The Louisiana Supreme Court denied the review as well. Chief Justice Calogero, in a dissent said “The Fourth Amendment to the United States constitution has drawn a firm line at the entrance to the home, and thus, the police need both probable cause to either arrest or search and exigent circumstances to justify a nonconsensual warrantless intrusion into private
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Analysis of Zamora v. Pomeroy 639 F.2d 662 (1981) Level or Type of Court: United States Court of Appeals, Tenth Circuit. Facts: The case of Zamora v. Pomeroy 639 F.2d 662 (1981) was a civil action case filed by the mother of a high school student. The mother claimed that her son’s constitutional rights were violated during a warrantless search of his school issued locker. The search of the school’s lockers was cleared by the Roswell Independent School District Superintendent and defendant, Pomeroy
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