constitutional. The U.S. Supreme Court also uses its power of judicial review to analyze various lower court decisions for the appropriate application of inherent constitutional rights. This news article analysis will discuss the requirements for search warrants, arrest warrants, and warrant exceptions in relation to probable cause under the Fourth Amendment. In a news article from the Wall Street Journal published on April 15, 2013, The U.S. Supreme Court decides to review the Maryland Supreme
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According to the Supreme Court the purpose of the Fourth Amendment is: “to let a neutral and detached judge decide when a search or seizure is appropriate as opposed to a potentially biased”. From this statement and the amendment itself it can be derived, that this specific amendment tries to secure the right to be free of ungrounded searches and seizures without a warrant. In short, its aim is to protect a person’s privacy. III. Analysis of the Patriot Act As stated before, the majority
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as public safety University of Phoenix The paper of individual rights as well as public safety The police agencies have to deal with many obstacles when they have to deal with enforcing the safety of the public but also securing people’s rights as well. In this paper, it will be discussed focal points will start with statutory authority also responsibilities of government officials, security personnel, also private citizens. Next is the practice or law relating to search, seizure, as
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Knowing how to legally search a person, place or thing and properly seize evidence are conditions to the investigative process. Officers also must have a clear understanding of when a search and/or arrest warrant is required and when it is not. The Fourth Amendment protects citizens from unreasonable government searches and seizures of their persons, houses, and effects. It states no warrants shall be issued unless there is probable cause, supported by oath or affirmation, and specifically describes
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prohibits form any official personnel to go through personal belongs without a probable cause. It prohibits the search and seizure procedure which is used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime. A search occurs when an expectation of privacy that society considers reasonable is infringed by a governmental employee
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person is armed and threatening. The Court recognized that the Fourth Amendment protects the right of every individual to the possession and control of his own person. At the same time, it recognized that in certain circumstances, public safety might require a limited "seizure," or stop, of an individual against his will. The Court consequently set forth conditions circumscribing when and how the police might conduct a Terry stop. They include what has become known as the "reasonable suspicion" standard
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houses, papers, and effects, against unreasonable searches and seizures”. At face value you may believe that this amendment provides you with total protection from an illegal search and seizure. In this paper I will demonstrate that the Fourth Amendment does not cover searches that occur in open fields or for items that are observed in plain view. In order to form an opinion on the constitutionality of a warrantless search you first need to determine what an open field is and what would
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Search and Seizure of Cell Phone Courtney Henry COMM/215 12 May 2014 Virginia Stewart Search and Seizure of Cell Phone It is in the best interest of everyone not to have their cell phone 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
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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
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requirements for obtaining a Search Warrant be changed? By: Leonard Douzart CRJU 3402 Valdosta State University Outline I. Introduction II. Main Body a) My background study on the legal requirements b) My proof of opinion on why it should be changed c) Comparisons from different people of why it should be changed d) The latest research of a warrant e) Factors influencing the decision of the legal requirements of why obtaining a search warrant should be changed
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