Fourth Amendment Essay

Reasoning process: The Exclusionary rule of the Fourteenth Amendment states that evidence gathered by violating the Fourth, Fifth, and Sixth Amendments cannot be used in trial. Since California eliminated this rule, Greenwood believed this violated his rights. However, the Court found no merit in his position because at the federal level, evidence obtained in violation of the Fourth Amendment does not have to be withheld in all circumstances. When law enforcement officers are…

defendant in the back. The security officer calls the cops and the defendant was arrested and later charged with theft by deception. The defendant tried to suppress evidence of the item he was intending to steal. His argument was that his fourth and fourteen amendment rights was violated due to the illegal search that was conducted by the cashier. His motion…

from the exterior. They had not received a warrant to breach Mr. Katz’s fourth amendment right. The court of appeals sided with the FBI, but the Supreme Court decided in a 7-1 decision that Mr. Katz was entitled to his fourth amendment rights. They ruled that the fourth amendment applied because as justice Stewart states when a person shuts the door and pays the toll they are entitled to privacy protected by the fourth amendment. (Oyez) Existing trespass doctrine from Olmstead v. United States,…

resolved issues on the fourth amendment and the Terry search (Minnesota v Dickerson, 1993). Indeed, in Michigan vs. Long, the Court held that in the context of that case, a Terry search allowed the search of the individual and passenger’s compartments of the automobile to ascertain beyond doubt that the defendant was not armed and dangerous. In limited cases, the Court held that when contraband is retrieved, then the officer cannot ignore the contraband as the Fourth Amendment does not suppress…

police knowingly violated the client 's Fourth Amendment Rights. The exclusionary rule "is a judicial rule that makes evidence obtained in violation of the U.S. Constitution, state or federal laws, or court rules inadmissible" (Anderson & Gardner, p. 214). Therefore, by law, the evidence excludes any evidence…

The United States Supreme Court announced their decision on June 19, 1961. The Supreme Court ruled six to three in favor of Mapp, the Court considered the search a violation of the Fourth, Fifth and Fourteenth Amendments. Chief Justice Warren and Justices Clark, Black, Douglas, Brennan and Stewart agreed the police abused their power against Mapp’s will. Moreover, the Supreme Court applied the exclusionary rule to the case, which means evidence obtained illegally can’t be used in court. The…

citizens when it comes to firearm possession and prohibits biased laws being passed with regard to religion. Another main reason for the Bill of rights to be written was to ratify the constitution and replace the articles of confederations. The First Amendment gives us the right to petition, freedom of assembly, freedom of religion, freedom of press as well as freedom of speech for every citizen. Freedom of…

claim against the school district stating that her daughter’s fourth amendment right was violated. This is because the school made her do a strip search to see if drugs were hidden in places that they could not touch themselves, and also her belongings. The belongings were not the part in which her parents were mad about because her daughter gave consent. However, the strip search made the parents feel like their daughter’s fourth amendment was violated, and also made…

to grant him with a lawyer so they didn’t. Gideon then took the case to the Supreme Court because he thought that it violated his sixth amendment, which is a right to council. The Supreme Court then determined that the framers of the constitution believed that the accused should have the means to put up a proper defense (fair trial) as stated in the Sixth Amendment, which is the right to counsel. This means that State and Federal courts are required to appoint attorneys for defendants that…

privacy. Sense that 1976 case, there has been several other cases adopting the same idea, establishing the reasonable expectation of privacy test. Even in 2012 court case United States v Graham, held that location data was not protected by the Fourth Amendment, as it was information that users were giving voluntary to third parties. And finally, in United States v. Jones that same year, the court theorized that police were able to use GPS trackers without a warrant due to the same 1976 theory.…