property. This business sells liquor, by the drink and by the bottle. The search in this case was a warrantless search. Let’s examine whether it is legal or not to conduct such 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
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Belongings Can Be Searched, But Not Arbitrarily When a student is under school supervision it is not required for school officials to obtain a search warrant before searching a student and no police have to be involve either for the search or seizure of a student or property. When safety is involve of the student or personnel it is the duty of the school to search a student. A warrant may protect the student and staff but as long as the school officials conduct themselves in a manner viewed reasonable
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to determine if an activity is a search within the meaning of the Fourth Amendment? Privacy approach it’s deciding what constitute a search. The government argued there was no search of a person, house, papers, or effects, so the Fourth Amendment did not apply. 2. Please explain the Exclusionary Rule? How does the case of Mapp v. Ohio (1961) relate to the rule? Exclusionary rule is a rule of evidence that excludes evidence from being admitted in criminal trial. This rule relate to the case Mapp
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Critical Thinking –Chapter #19 Assignment #2 7/25/2010 1. Describe a crime. Who are the parties to a criminal action? A crime is any act done by a person in violation of those duties that he or she owes to society and for the breach of which the law provides a penalty. The parties in a criminal action are the plaintiff which is the government represented by the prosecuting attorney and the defendant who is the person or business accused of the crime. 3. Describe the difference between
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against self-incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions was rewritten and that is not likely to happen. This paper will be examine the Fourth Amendment, learning the requirements for obtaining a search warrant, defining probable cause, describing when search and seizure does not require a warrant. We will also explain the rationale for allowing
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the exclusionary rule only to federal courts and federal law enforcement officers.” (Dempsey, 2013, p.179) In court cases, the rule has progressed as an interpretation of the Fourth Amendment by the Supreme Court, which forbids any irrational search and seizure of a citizen. Illegally confiscated evidence cannot be utilized against a defendant in a court, as it violates the Fourth Amendment, thus, the evidence can be perceived prohibited (Oaks, 1970). Providing fair trials is a responsibility of the
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protection from illegal searches and seizures. When the Congress debated on the wording of the Fourth Amendment, they had an extreme importance of needed protection from government encroachment. The Fourth Amendment to the United States Constitution was designed and written specifically to protect citizens from illegal searches and seizures: “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
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following cases Weeks vs. United States, Rochin vs. California and Mapp vs. Ohio, I will compare and contrast each individual case. I will also explain the effects that the ruling decision by the Supreme Court had on evidence obtained from police search and seizure. The first case I will focus on is Weeks vs. United States, in which this was the first case in U.S. history where the exclusionary rule was used. This case involved federal law enforcement personnel entering an arrested person’s home
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IS3350 Unit 3 Assignment 1 Fourth Amendment The Fourth Amendment of the United States Constitution requires that no search or seizure shall be carried out unless a warrant has been issued. While that is a wonderful right to give to citizens, in reality, it is not always possible. Over the years the Supreme Court of the United States has come to that same realization and has provided several exceptions to the warrant requirement. Those exceptions are: searches with consent, frisks, plain feel/plain
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appropriate search warrant. Public citizens are well-known with the idea that they have a right to confidentiality, and cannot be investigated devoid of a warrant. Nevertheless, not many people comprehend how the exclusionary rule, which is what truly imposes this right, defends us. The rationale and purpose of Exclusionary Rule discourage police delinquency. Exclusionary Rule is also grounded in Fourth Amendment and it is projected to guard people from prohibited searches and seizures. This Rule
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