Fourth Amendment Essay

rights of the people from authoritative misconduct in violation of the Fourth, Fifth and Sixth Amendments against unreasonable search and seizure, coercion, and provides the right to counsel under due process of the law (Cornell Law School, 2007). The Fruit of the Poisonous Tree Doctrine can result in the dismissal of evidence collected at a crime scene as proof of guilt found in violation of the Fourth Amendment. The Fourth Amendment clearly states that the rights of the people are to be…

Laws are passed even amendments are made but those same laws can be and are violated every day. When searched in Google what the most violated right was and search and seizure was the first link that appeared. Prohibition against illegal search and seizure is founded in the fourth amendment to the constitution which prohibits unlawful searches and seizure unless there is probable cause. Probable cause is a requirement that law enforcement must have in order to conduct a warrantless search of a…

Dogs in Law Enforcement “Law Enforcement Officers maintain law and order by protecting life and property, and preserving the peace” (Law 1). One of the tools some officers use is a dog that assists them in their duties. One of the reasons K9 units are increasing according to Detective Steve Echevarria is because, “the nose knows.” While Beamer is trained to detect drugs, other dogs are trained to detect bombs, bodies, or other chemicals. Dogs are also trained to control suspects or prisoners…

Concurring Opinion: Justice Roberts: The used of the Balancing Test seen used in United States v. Robinson determines that the officers were not justified in searching the phones contents. The advancement of modern technology creates a difficult area of ensuring privacy, in most cases the Balancing Test is used to determine legality. The officers were neither acting to ensure safety of other officers, nor were they protecting the destruction of evidence. Scope of privacy continues to get more…

The Framers made the government to work properly so they created the Constitution to give citizens rules to abide. Amendments are the rules that the citizens have to follow such as freedom of speech, the right to bear arms and the right of privacy. The fourth amendment is the right to privacy such as no unreasonable seizures and searches to your personal belongings and property without any warrants. A search usually has to be based on probable cause- a reasonable basis to believe that the person…

intolerance for law enforcement. This case has undoubtedly served its purpose in justifying and declaring our fourth amendment rights. Yet, it neglects to address the meditated acts of prejudice that haunt and degrade our justice system. With the issues involving police profiling and an increase in the marginalization of our country, we must exercise an even distribution of Fourth amendment rights to our citizens and further train our law enforcement officials to live by the objective…

“ 'Cause it 's the first of the month and now we smokin ', chokin ', rollin ' blunts” is a line from rap group Bone Thugs-N-Harmony’s song “1st of Tha Month”, telling how welfare recipients collect their benefits at the beginning of each month, only to go and purchase illegal substances (i.e. drugs): but how much of this holds true? (Bone Thugs-N-Harmony). Controversy has been stirred in recent years over this hot political topic of whether or not welfare recipients should be tested for drug…

The basic requirements for obtaining search warrants begin with probable cause. Probable Cause is the level of suspicion that must be reached under the Fourth Amendment in order to issue a search warrant (Hall, 2014). Probable cause can be based on an officers training, experience, and the totality of the circumstances. Totality of the circumstances can include statements, observations, and evidence, which can include hearsay (Hall, 2014). Probable cause is a higher suspicion than reasonable…

Alba Zhingri Terry vs. Ohio This case was decided on June 10, 1968. Detective Martin McFadden was known on the Cleveland police force for his skill in apprehending pickpockets. He was patrolling for many years. On October 31, 1963 he saw two men, John W. Terry and Richard Chilton, standing on a street corner and acting in a suspicious way. Both men were repeatedly going back and forth along an identical route, pausing to stare in the same store window. They were joined by a third man Carl Katz…

Last updated: a minute ago History View files Plagiarism check .DOC .PDF AuthorLastName2 CALIFORNIA Vs GREENWOOD 486 U.S 35 (1988) California (Applicant) Vs Greenwood (Respondent) Facts of the Original case The police obtained some trash bags from the garbage collector which were believed to have been left on the curb in front of Greenwood’s house ( California V Greenwood.). This police action was instituted after information reached the police indicating that the respondent was engaging…