Abstract The Fourth Amendment of the United States Constitution protects one’s rights against unreasonable searches and seizures. It also states that no warrants shall be issued without probable cause. Probable cause can be defined as a person of reasonable caution who believes that a crime has been committed and the person accused has committed that crime. Modern law has afforded police officers an incentive to respect this amendment, known as the “stop and frisk” act. The Stop and Frisk law allows
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confronted the three men, searched their outer garments under the suspicion of criminal intent, and found a pistol on Terry and another on Chilton. Terry’s defense argued the gun found on Terry was inadmissible in court as evidence, stating that his 4th Amendment right to protection from unreasonable search and seizures was violated. The court denied the defendants' motion on the ground that Officer McFadden, on the basis of his experience, "had reasonable cause to believe . . . that the defendants were
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The Nineteenth Amendment allowed the right for women to vote in America. This occurred due to an extensive period on the war for women’s rights. Women’s rights to vote completely changed the culture of America because it linked the population of women together and took the U.S. by storm, although some may say it didn’t affect culture because not many people were injured in the war for women’s rights, it is still one of the most culturally changing event in history. The women that started the fight
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pornography on his University computer. Question 3: Then why wasn’t this search illegal under the 4th Amendment? Why didn’t the court hold this evidence to be inadmissible under the exclusionary rule? The Fourth Amendment guarantees the right of people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures. To establish a violation of the Fourth Amendment, however, a defendant must prove that he has "a legitimate expectation of privacy" in the place
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right to privacy? The right to privacy is not listed in the U.S Constitution, “but the Supreme Court has said that several of the amendments create this right. One of the amendments is the Fourth Amendment, which stops the police and other government agents from searching us or our property without "probable cause" to believe that we have committed a crime. Other amendments protect our freedom to make certain decisions about our bodies and our private lives without interference from the government -
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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
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Assignment Unit 4 Candace House CJ140 March 26, 2013 Assignment Unit 4 There are two legal terms “search” and “seizure”. The legal term search means to examine another's premises to look for evidence of criminal activity. Under the 4th and 14th Amendments it is unconstitutional for law enforcement officers to conduct a search without a "search warrant" issued by a judge or without facts which give the officer "probable cause" to believe evidence of a specific crime is on the premises if there
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Katzenbach v. McClung, 379 U.S. 294 (1964) Facts: • Ollie’s Barbecue - a restaurant in Birmingham, AL refused to serve African Americans since it opened. • This treatment is a violation of the Civil Rights Act. Issues: • Whether Ollie’s Barbecue restaurant discriminated against African Americans or other skin colors – it is a direct violation the Civil Rights Act. Rule: • Congress can utilize the Commerce Clause forcing the restaurant to serve all skin colors to enable the flow of food and travel
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Warrant Search: The 4th amendment of the constitution states, that police often need a search warrant to conduct a proper search. Here, Officer Vic did not have a search warrant but as stated before, that did not matter seeing as though he had reasonable suspicion and probable cause that a crime was taken place. (He overheard the city councilman about being robbed, he was informed by the manager about a stolen credit card and he had surveillance of the scene). • Probable cause: Before probable
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Kansas v. Cheever Marisa Freeman June 3, 2014 CJ506 Kansas v. Cheever Case Citation 134 S.Ct. 596, 187 L.Ed.2d 519, 82 USLW 4032, 13 Cal. Daily Op. Serv. 13,303, 2013 Daily Journal D.A.R. 16,039, 24 Fla. L. Weekly Fed. S 492 (Westlaw, 2013) Facts In January of 1995, Scott D. Cheever killed Sheriff Matthew Samuels of the Greenwood County Sheriff’s Department at the residence of Darrell and Belinda Cooper in Hilltop, Kansas (The OYEZ Project, 2014). A few hours before Samuel’s arrived at the
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