Fourth Amendment Essay

The fourth amendment to the U.S. Constitution stated that “individuals must be secure in their households, and in their persons against unreasonable searches and seizures,shall not be violated,and no warrant shall issue, but upon probable cause,supported by Oat of affirmation, and predominantly describing the place to be investigated, and the individuals/s or things to be seized”(Schmalleger,201). The Fourth Amendment ,is a part of the Bill of Rights, that was adopted by congress, and it came to…

We are debating the constitutionality of random, suspicionless drug testing of high school students who participate in extracurricular activities including sports, clubs and the band. The debate centres around the fourth amendment of the constitution, which is interpreted as the protector of unreasonable search and seizure, and warrantless search without probable cause. In our case study a high school football athlete was randomly screened for drug and alcohol use and failed the screening. He…

Jerry Montez had a promising future in basketball. In high school, he made the starting varsity lineup as a freshman, won the Kansas state basketball championship title all four years in a row, received numerous awards, including Gatorade Player of the Year, went both All-American and All-State, and was offered full-ride scholarships for basketball to Division One schools such as Villanova, the University of North Carolina, and Kentucky. Jerry also made the starting lineup of the USA National…

Mapp for a conviction. The Ohio Supreme Court upheld Mapp’s conviction. The American Civil Liberties Union filed an amicus brief on behalf of Mapp to the Supreme Court. Issue Can evidence obtained in violation the Fourth Amendment be used in state courts? Rule The Fourth Amendment protects individuals against unreasonable searches and seizures of their persons, houses, and effects. Wolf v. Colorado (1949)…

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…

was in clear view, therefore, as an officer of the court seizing it at that time was a legal obligation. Moreover, this type of seize is justifiable under the plain view doctrine and does not violate the rights given to the accused under the Fourth Amendment. Hendrix (2013) explains that “in Harris v. United States (1968), the Supreme Court established that anything a police officer sees in plain view, when the officer has a right to be where he or she is, is not the product of a search and is…

school go as far as to going through the bookbag and the student 's pockets. But Safford Unified school took it too far when they conducted a strip search on a student that they believed might have pills on her. The strip search violated her fourth amendment rights which the safford unified school district disagrees. Safford Unified School District vs Redding was a controversial case…

Concurrence Despite agreeing with Justice White’s opinion, Justice Powell, joined by Justice O’Connor, and Justice Blackmun wrote concurring opinions. Justice Powell believed that Justice White should have spent more time discussing the fact that students should not have the same constitutional protections as individuals in non-school settings. Justice Powell noted that, “It is simply unrealistic to think that students have the same subjective expectation of privacy as the population…

Cabballes’s Fourth Amendment right against unreasonable search and seizure due the circumstances surrounding the case. The court went onto analyze the traffic stop completed by Trooper Gillette and if the use of the narcotics K9 unjustifiably changed the scope of a routine…

of his Fourth Amendment rights. The search of Cyrus’ cellphone by the school was not a violation of his Fourth Amendment protection against unlawful search and seizure.…