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.…
California v. Greenwood: Case Brief California v. Greenwood established that items set out in a public space and which are available for the public to inspect are not granted the Fourth Amendment right to require a search warrant before searching or seizing that property. Facts Police Officers in Laguna Beach were conducting a drug trafficking investigation. The target of the investigation was Billy Greenwood. During this investigation the Laguna Beach Police Department asked the trash collector of Mr. Greenwood's trash to place it separately from the other trash they normally picked up.…
During the search, police found things like a Uzi machine gun, a .38 caliber revolver, two stun guns, and a handcuff key, but did not find the supposedly stolen stuff. Police Officers did confiscate the weapons while in search for the stolen items and used it in court. So therefore his fourth amendment was violated. 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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. " This action performed by the police officers reminds me of the supreme court case, Mapp V. Ohio.…
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.…
Another part good for the Fourth Amendment is that the authorities may not take anything without a good reason. At the time many people thought that people were listening to their phone calls, and taking information from the phone calls. President Obama has openly said that no one Is listening to you’re phone calls. Another major point is a federal judge ruling, that said that the NSA’S surveillance program is illegal. This gives the citizens more reassurance that no one is taking anything or in this case private information from them.…
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…
The eighth amendment guards against the infliction of cruel and unusual punishment by the state. In regards to capital punishment, the eighth amendment becomes even clearer. The argument is that it somewhat reserves a safeguard for the capital defendants in sentencing and should not be used against a defendant. The court determined in cases that cannot be punishable by the death penalty, then the defendant that are part of the case are not obviously necessary to be protected by the eighth amendment. By ruling that the death penalty cannot be deliberate of a defendant, the court decided that it violates the eighth amendment.…
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 Fourth Amendment was passed by congress on September 25, 1789 and ratified on December 15, 1791. It stems from before the Revolution when the American colonists were under the control of the British. According to “The History of the 4th Amendment”, “tax bills placed on the colonists drove some to start secret smuggling organizations to counteract the taxation”.…
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 4th amendment is being violated in this scenario; for the 4th amendment states that; “U.S. citizens are protected from unreasonable searches of a person’s property.” Mrs. Jones was only being a good neighbor and friendly. But the police lied to her that way they could gain access to her house. Then they proceed to look around then arrest her when they find a bomb. Yes, arresting her would protect everyone else, but you have to have a warrant before you can even arrest anyone.…
The Federalist Papers were a group of 85 essays that were written for the newspaper and used to persuade New York delegates that a new, stronger government was needed. They were written by Alexander Hamilton, James Madison, and John Jay under the pseudonym “Publius” and provided insight into the developing nation. James Madison was an ardent supporter for a new government with expanded powers.…
After finding out the officers violated the 4th amendment the judgment of this court was reversed. In order for this search to be legal there would have to be a good reason to search the house. This reason would be used to try to get a search warrant. Because they did not get a warrant, it is illegal. Even if the evidence is strong, it is not allowed to be used in…
"On a constitutional foothold, the first amendment is a minefield of dead ends for what seems to be most legislation. Demonstrated by the recent uproar over net neutrality, our internet-driven society has led us to keep our first amendment rights under lock and key. Anything otherwise would be largely irresponsible of our government's constitutional duties. Society, after all, no longer lives in a world of just paper and pen. However, at the precise moment content online trespasses beyond the grotesque and profane limits we're used to – when we start to see sparks leading to terrorism and chatter of the slumbering beast that is Nazism – we should be compelled by our own moral virtues to rush forward and say, ""Stop.…
The Fourth Amendment, must primarily demonstrate an expectation of solitude, which is not simply a subjective expectation in attitude; however, an expectation that civilization is prepared to distinguish as realistic under the circumstances. For example, warrantless searches of personally own properties are customarily prohibited without admissible concessions; in contrast, a warrantless confiscation of derelict property typically does not violate the Fourth Amendment. (Legal Information Institution, n.d.) Seizures Seizures transpire when law enforcement physically apprehends a citizen; this frequently occurs during an arrest, though, it can likewise ensue in the course of stopping a pedestrian, a traffic stop or in other situations.…