be seized (Stellin). This form of search and seizure does not only affect the person being tapped though, it also affects anyone that person calls. Through these searches the government can learn very personal things about a person by violating the fourth amendment’s search and seizure…
suit claiming that the actions committed by Officer Turek had violated her Fourth Amendment rights to be free from unreasonable seizure. Ultimately, the District Court ruled that the arrest was not unreasonable for Fourth Amendment purposes.…
rights are the first ten amendments to the United States Constitution which are found in the Bill of Rights. There are other procedure rights which are found in state constitutions and state statutes. These rights are designed to protect the people from being alienated in the criminal justice system and to ensure the people continue to understand that they are innocent until proven guilty. The most important procedural rights are the fourth, fifth, sixth, and eight amendments. These rights…
controversial case due to the vagueness the fourth amendment applied to this particular case. Basically, Katz was convicted of transmitting wagering information over telephone lines in violation of federal law. After reviewing the case brief it is understood that Katz was unaware of the tactics of the government, placing a listening device on top of the phone booth Katz was occupying. The argument for the case was whether or not Katz’s fourth amendment rights were violated in the process of…
and (5) Anderson v. Philadelphia, (1998). The core issue for all five of these cases…the fourth amendment the United States Constitution. “The Fourth Amendment protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law” ("What Does the Fourth Amendment Mean?" n.d.). Let’s examine each of the cases individually. National Treasury…
4th Amendment: 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. Meaning: Members of law enforcement are not allowed to enter someone’s place of residence without a Warrant. Neither shalt members of law enforcement be…
Introduction The Bill of Rights was passed in 1791. It is composed of the first 10 amendments proposed to the Constitution and encompasses a wide range of protections for American citizens (Lab et al., p. 41). One such protection comes from the fourth amendment which 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…
hear is what you get. As it says in the Fourth Amendment, “ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated”, is a wonderful feeling of being protected, however, there are loopholes. Such as the government hacking into your phones, computers or any electronic devices without probable cause. Realize, our world of technology has weakened the Fourth Amendment (Zwerdling 2013). What is most…
Vernonia v. Acton Does drug testing violate the fourth amendment rights of students? In 1995, Vernonia v. Acton sought to answer that question. This case was brought to the Supreme Court, and the Court ruled in favor of the Vernonia School District. Since then, drug testing has been widely used throughout the nation. Vernonia v. Acton is a landmark court case; therefore, it is important to understand the history, background, constitutional issues, and the current impact of the case. The story of…
Fourth Amendment The Fourth Amendment is meant to protect the citizen from unreasonable seizures and searches without a warrant. This includes having their homes, persons, and items in their homes searched by police as well as other officials. Following the Amendment, if a police officer suspects that a citizen has is perpetrating or is taking part in a crime, the office has first to obtain a warrant legally. The warrant has to be granted by a judge before the offer can enter the property of…