Sierra Fischer Exam 3 Answer According to the Fourth Amendment, an officer must have probable cause or a reasonable suspicion that a crime has been committed in order to search and seize an individual. Speeding, as well as having tinted windows and a taillight being out is enough reasonable suspicicion to pull Lil Flet over and inspect the car. As breaking the law gives an officer a reasonable belief that there may be evidence of a crime located within the vehicle. Additionally, identifying the smell of a drug is enough grounds for a search as it gives the officer probable cause.…
In chapter six, the author examines searches for evidence. The fourth amendment commands the use of warrants. As previously stated, warrants usually consist of three elements to meet the fourth amendment standard. I believe the knock and announce rule is truly effective procedure because this standard can protect officers from injury and more than likely preserve physical evidence from being destroyed. This is also a valuable tool in preventing a high risk target from escaping the scene.…
Is the Fourth Amendment violated by police action of remotely accessing a GPS or a vehicle’s tracking capabilities without a warrant or the probable cause necessary for the acquiring thereof, therefore necessitating Senator Snowy’s support of Taylor Thomas’s bill; and what would be the implications on the future of Fourth Amendment law if Senator Snowy declined to support the bill and thusly permitted the dubious practices to persist indefinitely? SHORT ANSWER Notwithstanding the current sentiments and Fourth Amendment law which allow the police to remotely accesses the GPS tracking capabilities of vehicles of presumably innocent citizens, Senator Thomas’s bill should be supported by Senator Snowy because the current tactics utilized by the…
Every day there is another media piece decrying the evils of the NRA or assuring the masses that the second amendment should not apply to AR15s because they are the cause of school shootings etc. Yet, each and every story is simply the opinion of someone who is hopelessly uneducated and brainwashed by the emotional rhetoric of the elitist left. Unfortunately, most of the cited facts are either complete fiction or half truths taken out of context and reformed to fit the desired narrative. Let’s set a few things straight, for starters, the second Amendment guarantees a right to the people, as does the first and fourth Amendments. This fact was reaffirmed by the D.C. vs Heller Supreme Court decision of 2008, more information can be found here.…
In the United States v. Leon case, the Fourth Amendment exclusionary rule should not be applied so as to bar the use in the prosecution's case in chief of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be invalid. Pp. 905-925. (United States v. Leon, (1984) No. 82- 1771.)…
The Second Amendment states “A well-regulated militia being necessary to the security of a free state the right of the people to keep and bear arms, shall not be infringed”. This amendment was instituted to the Constitution on December 15, 1791 and means that any person in our country has the right to own and bear arms at any point and that the right may not be taken from you. Although James Madison did not invent the right to bear arms he did in fact wright the second amendment. The framers of this amendment decided it was important to be able to bear arms because of the success they found of having guns in the previous war [the English men also just enjoyed the use of arms]. Although this is still an amendment today it still has gone through a lot of debate.…
Although the Fourth Amendment protects people’s privacy, stops citizens from being ambushed, and keeps them safe from unfair arrests there is still a down side to the Fourth Amendment. For instance it prolongs the gathering of information involving a crime. Sometimes it makes the case go on for years and the felon is never convicted even though they broke the law, but they never had time to get enough evidence to convict them so they get away. Some people might say that they believe all Americans should be considered suspects and that therefore the government has probable cause for surveillance. (Avalon pg.1 pr.16)…
One of the most commonly known amendments are those that are considered part of the Bill of Rights. However, one of the most important amendment that every citizen should know is the Fourth Amendment. This Amendment is broken in three parts that imply that people should have the right to be secure in and of their property, no warrants should be issued without any unreasonable cause and that if there is a warrant, then they should specify the place and people of search. Many citizens do not completely understand this amendment to the extent to exercise this right.…
God incorporated everyone with unalienable rights, life, liberty and the pursuit of happiness or property, when the created us. Also aware that there is a presence of sin; He knew there was a need for limited government. Our ancestors believed in this need for limited government as well, so they designed rules to assist in the control and prevention of crime. They wrote our Bill of Rights and our Constitution, which help protect the people from unlawful acts. The fourth amendment; the right to lawful search and seizure, as well as other rights such as the plain view doctrine; have been set in place by officials for everyone’s protection.…
I would propose changes in the Fourth Amendment. The changes will be to protect from unreasonable searches and seizures on the inside and outside of the border. The reason is that there were thousands of cases where Homeland Security Agents would seize and search mobile devices right outside the border. Because the Fourth Amendment only protects people inside the border, the agents were free to search, copy, and record any information from the devices without explanation. If the government allows this to continue it will lose trust in the public.…
The tenth Amendment guarantees that all forces not appointed to the national government are held to the states or to the general population. The Supreme Court has tried to secure this alteration lately by limiting Congress' energy. For instance, when looking to restrain the force of states, Congress must give an unambiguous explanation of its expectation to overrule state expert. the Tenth Amendment was proposed to affirm the comprehension of the general population at the time the Constitution was embraced, that forces not allowed to the United States were saved to the States or to the general population. It added nothing to the instrument as initially sanctioned.…
McKayla Magdaleno Mr.Young P.3 10/05/15 Bill of Rights Essay Hook: It’s 1798 and you’re helping construct and write the Bill of Rights, it’s super hot outside and you really just want to go home because you are only on the making of the 4th Amendment right as you get up to leave you get a brilliant idea on what the 4th Amendment should be. Statement: The first amendment reads “The right of the people to be secured in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be 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.”…
As Daniel Zwerdling states in his article, that “you can't claim that information is private" (NPR) If it has been shared with companies that hold the e such as phone companies, electric companies, etc. The government justifies the examination and seizure of personal records with this argument. As a result, with this view of the Fourth Amendment, the U.S. government has been able to conduct multiple investigations, including some that are relevant to terrorism and others that are…
Whether a specific category of search is reflected as reasonable in the judgements of the law, is ascertained by examination two principal interests: Intrusion on an individual's Fourth Amendment Right Legitimate government interests, such as public…
The statement, “The Fourth Amendment protects people, not places,” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses, papers, and defends them against unreasonable searches and seizures. However, to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant, give the government strict to stipulations as to how they are able to rightfully obtain information that is presumed to be private. Although Searches, Seizures and Warrants seem to have simple guidelines, they are each intricate categories.…