Impact on the Innocent The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures, and specifies some of the requirements to be met in order to procure a warrant for a search. Since 1961--and earlier in the federal court system--the Supreme Court has required the exclusion of any evidence obtained through an unconstitutional search or seizure. From its inception, the
Words: 3764 - Pages: 16
resemblance to Boyd v. United States where seizure of “testimonial” evidence such as documents is used against you.
Words: 500 - Pages: 2
Possible Charges There are many types of charges that you could be facing, depending on the things that you said to the minor and what you were planning before arriving to meet them. You could possible get these listed charged: • Loss of Search and Seizure Rights • Jail or prison time • Thousands of dollars in fines • Sexual Offender registration for a
Words: 516 - Pages: 3
V. Robinette In Ohio v. Robinette, 519 U.S. 33 (1996), the U.S. Supreme court held that the Fourth Amendment does not require police officers to inform a motorist at the end of a traffic stop that they are free to go before seeking permission to search the motorist’s car (Wikipedia 2011). In the case, respondent Robert D. Robinette was stopped for speeding by Deputy Roger Newsome of the Montgomery County Sheriff Office, since he had no prior violation; the officer gave him a verbal warning and returned
Words: 1750 - Pages: 7
you think really come into play here with new technologies? , the relevant constitutional text is the Fourth Amendment, which says the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated. Therefore, we have to assume the risk that we're being monitored, ubiquitously, 24/7 for a month. But not everyone agrees. In a visionary opinion, Judge Douglas Ginsburg on the U.S. Court of Appeals for the D.C. Circuit
Words: 1836 - Pages: 8
The 10 amendments guaranteed a list of personal freedoms, reserving some powers to the states and public. They also put a limit to the government’s power in judicial and any other proceedings. The 10 original amendments are (1st) Freedom of speech, religion, and right to petition, (2nd) Right to bear arms, (3rd) Protection against quartering troops, (4th) Protection against unreasonable search and seizure, (5th) Rights in criminal cases, (6th) Right to a fair trial, (7th) Rights in civil cases, (8th)
Words: 485 - Pages: 2
as sources of reference. The Fifth Amendment “No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”(Lectric Law Library [LLL], N.D., page 1). The Fifth Amendment is one of 10 amendments included in the Bill of Rights that specifically deal with personal liberties from unjust searches to free speech. (Head, 2008, page
Words: 2369 - Pages: 10
The lives of the minority especially the Hispanics, African Americans, Asians, etc. “Donald Trump argued Tuesday that the controversial stop-and-frisk policing tactic once employed in New York City is constitutional, adding that it would "overwhelmingly" save African-American and Hispanic lives. The practice, however, has been criticized as racial profiling that unfairly targeted those very minority groups. “Diamond, Jeremy. (2016) "Trump: Stop-and-frisk would 'overwhelmingly' save Black and Hispanic
Words: 1149 - Pages: 5
fourth amendment made, in law to stop unfair searches and seizures of people’s property that he or she owns without any warrants. In addition, cause to do so however through the years court systems, like the Supreme Court has granted alterations to the fourth amendment. Like given law enforcement access search an individual who has in custody, from a criminal offensive also they view something that is illegal gives them permission. To search the person property, they feel that the environment of the
Words: 1219 - Pages: 5
The amendment asserts 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 (Feder, 2012). As per this provision in the constitution the government used some legal precedents to explain the applicability of the said allowance in the law using the ‘totality of circumstances’ test (Feder, 2012). The
Words: 1441 - Pages: 6
