Fourth Amendment Essay

Midterm 1. Decide as an appellate judge based on the law that you have learned whether the police had a legitimate exigency based on the 4th Amendment and whether the trial judge should have suppressed the marijuana cigarette as evidence. In King v. State the trial judge should NOT suppressed the marijuana blunt as evidence. In this situation the police had "probable cause," meaning there was reasonable basis for the officers to believe that a crime may have been committed when they heard "Some…

residence of Week’s without proper documentation (Warrant) and confiscated documentation that was entered as evidence at his trial against him. Weeks then petitioned to have the property excluded and returned since it was taken in violation of his Fourth Amendment Rights. Procedural History A petition filed by Weeks at his trial stated that the property be returned to him since it was taken unlawfully and in violation of his rights. The court denied his petition and deemed the property to be…

Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers.” It includes freedome of speech or the rights to be secure agaisnt unreasonable searches and seizures, which is also written in the Fourth Amendment, and more. The Fourth 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…

the fourth amendment, with few exceptions, the individuals have got the right to…

article of EFF (electronic frontier foundation), eff.org states, “News reports in December 2005 first revealed that the National Security Agency (NSA) has been intercepting Americans’ phone calls and Internet communications,” (www.eff.org). The Fourth Amendment protects every American from the invasion of privacy. I do not agree what the NSA is doing because first of all Americans were not aware they were doing this and we do not know how long they have been doing this, they could have been…

The Bill of Rights consists of the first 10 Amendments to the constitution. The question asks specifically about the Fourth, Fifth, Sixth, and Eighth Amendments. The Fourth Amendment protects persons from unreasonable searches and seizures. Under most circumstances it requires a judge to issue a search warrant. The search warrant authorizes police officers to search and seize evidence of criminal activity. Warrants can only be…

This landmark case has really set a precedent for other cell-phone based cases, including one in a public school setting, claiming that the student's Fourth Amendment had been violated. In Gallimore v. Henrico County School Board (2014), a student's cell phone was searched after administration was tipped off by a parent claiming a long hair student was smoking marijuana on a bus on February 11, 2013. Later that afternoon, administration brought a student into the office and asked him to empty…

searches and seizures that do not violate the Fourth Amendment and individuals that have had their rights violated. This legal rule first made its appearance during the U.S. Supreme court case Weeks v. United States (1914). Freemont Weeks was arrested under suspicion of using the U.S. mail to transmit lottery tickets. The purpose for this rule can be looked at like a way for law enforcements to conduct searches and seizures that do not violate the Fourth Amendment and individuals that have had…

Search and Seizure Before stepping into someone’s house or property, officers of the law must obtain a search warrant. This is outlined in the Fourth Amendment. Evidence collected at an unlawful search is usually inadmissible in court. Two Layton police officers violated the Fourth Amendment when they stepped in the house of Chelse Brierley to question and arrest her in Utah. She was a suspect in a hit-and-run DUI crash in 2013. The vehicle involved was spotted by a witness in Brierley’s…

charges from the state in Juvenile Court. When in The Juvenile and Domestic Relations Court of New Jersey, T.L.O. tried to have the evidence that was found by her assistant principal suppressed because she believed that it violated the Fourth Amendment. The Fourth Amendment prohibits unreasonable searches without a warrant and to be supported by a probable cause. (New Jersey v TLO Legal Information Institute) The Juvenile Court however denied her request to suppress the evidence. T.L.O. was…