Facts and Procedural History: Once the individual, Graham, realized the commencement of a low insulin is being reacted, he had the inclination to purchase an orange juice to thwart the low insulin reaction. Upon arriving the convenience store where he spotted a line of customers waiting for their turn at the checkout line. Graham rushed out of the store without paying for the content. An officer spotted the swift activity and decided to do an investigative stop and called for backup.…
A First Amendment Junkie, what the author means by saying that she is a First Amendment Junkie is that she believes totally in the 1st Amendmen She believes that the First Amendment should be a absolute and complete interpretion. When she says that she is a First Amendment Junkie what she means is that she believes in the protection of the 1st Amendment. Jacoby points out that censoring pornography will lead to censorship of other topics that need to be discussed and brought to our attention. . However, she is not advocating pornography as it seems the feminist may of thought and were angered by a woman not wanting pornography censored .There…
The Government violated DLK’s Fourth Amendment rights. They did not get a warrant to do search and seizure on DLK’s property. DLK should not be convicted of growing marijuana in his home because the technology that the Government used goes against the five senses rule, the device (thermal imager) that they used in not open for use in the general public, and last, DLK had an expectation of privacy in his own house. One reason that DLK’s…
Current Issues Misty Basford Kaplan University Author Note [Include any grant/funding information and a complete correspondence address.] Current Issues Due Process is a 5th and 14th Amendment right. The 14th Amendment was brought forth after the civil war to make sure all Americans were treated the same.…
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.…
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”.…
Section 1 (a) the executive branch may veto legislation and may call special sessions of congress the legislative may override a president’s veto, may impeach the president, approves appointment's of judges and approves treaties (b) the framers intentions were to keep any branch of government from having too much power and the checks and balances make their intentions possible. 2. 1. (a) skipped (b) it basically means that the law must be obeyed no matter what and no one is immune to the law also it means no one man has more power than the law.…
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.…
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 Fourth Amendment protects people from unreasonable searches and seizures, but as the court case Katz v. United States 389 U.S. 347 (1967) “states that whatever a person knowingly exposes to the public even within one’s own house is not protected by the Fourth Amendment”. According to the Fourth amendment if a package is closed against inspection no matter where it is police must obtain a warrant to search it as if it were in your home. Unlike Mr. Greenwood who knowingly exposed his opaque trash bags on the curb for the trash collector to pick it up as to anyone or anything on the public street. Also the Fourth Amendment was not violated since the trash collector was going to be there to pick up the garbage in the neighborhood as usual and…
Amendment IV The fourth amendment is one of the primitive and mainly significant entitlements bestowed to the citizens of The United State of America; the law, distinctively 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.” What Does the Fourth Amendment Mean? The Fourth Amendment of the U.S. Constitution stipulates, the entitlement of individuals to be secure in their individualities, dwellings, documents, and possessions, against irrational searches…
The second amendment of the constitution 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. " The second amendments mean that: to keep the country free from too much control, the people are allowed to keep and use their firearms. Under any circumstance this right shall not be violated .Since it’s our right why is there so many limitations and restrictions.…
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.…