Fourth Amendment Essay

Terry, feeling violated of his 4th Amendment rights, had taken this to court. After the court denied their motion to suppress, Chilton and Terry waived jury trial and pleaded not guilty. The court came to the conclusion that they were guilty, and the Court of Appeals for the Eighth Judicial District affirmed. The Supreme Court of Ohio granted certiorari to determine whether the admission of the revolvers in evidence violated petitioner’s rights under the Fourth Amendment, made applicable to the…

way to protect everyone but the government should have a limit; there is no reason why they should be saving all the data they encounter. The government should not be checking our phone calls or our credit cards bill this is a violation of the fourth amendment. The civil right was made to protect every individual from higher position abuse for example government, police, or even the president. Some surveillance may protect the state but the government should not be able to store this information…

suspicion to stop and frisk and individual. While, in probable cause must exist if the police obtain a search warrant. However, Law enforcement officers do not have to have justification to stop someone on a public street to ask questions. Under the Fourth Amendment; individuals are…

have probable cause that the suspect committed a crime. An arrest warrant is not always required. This paper will give a detailed discussion on the general law of arrest. The fourth amendment makes probable cause a requirement for an arrest. It states that “no warrants shall issue, but upon probable cause” (“Fourth Amendment,” n.d.). According to the definition, officers must have probable cause to make an arrest and to obtain a warrant for an arrest to be legal. An officer must be able to show…

Case Citation: Maryland v. Pringle, 540 U.S. 366 (2003) Parties: State of Maryland, Petitioner / Appellant Joseph Jermaine Pringle, Defendant / Appellee Case Facts: On August 7th, 1999 a Maryland police officers legally stopped a car for speeding in the early morning hours. The car was occupied by three men, to include the Defendant/Appellee Joseph Jermaine Pringle. The Officer that initiated the stop saw a large roll of cash in the glovebox while the driver was retrieving his…

Stop and Frisk states that police is able to stop and search someone based on a suspicion that this person is involved in criminal activity. The 4th amendment states that police is allowed to search someone if they have the reasonable believe that this person is committing, has committed or is going to commit a crime. This search consists of a quick pat down of the outer clothing. Stop and Frisk started with the Terry vs. Ohio case, in 1976, in which a police officer suspected three men of being…

The Fourth Amendment was put into place to protect the rights of the American people to be free from unreasonable searches and seizures. The U.S. Constitution specifically states “no Warrants shall issue, but upon probable cause…” (U.S. Constitution – Amendment 4). Additional, the U.S. Supreme Court ruled that some searches and seizures may be classified as constitutional based on reasonable suspicion and not justified as probable cause. (Lushbaugh, C. A. and Weston, P. B. (2012) Probable…

protecting the safety of the people. Critics believe the Patriot Act “implicates constitutional concerns under the First and Fourth Amendments, raises serious threats to privacy and civil liberties…

Analyzing a case, City of St. Paul v. Uber, 450, N.W. 2d 623 (Minn. Ct. App. 1990) an officer who was with the Minnesota Police Department of St. Paul, for eighteen years, had been working the early morning night patrol. While out on patrol, he had witnessed a driver, in a pickup truck at approximately 2:15 a.m. in a particular part of town that was known to be where people would pick up prostitutes. Again the male driver was seen about a half hour later in the same area at 2:45 pm. Officer…

In reference to the Constitution of the United States of America, the Fourth Amendment is set to protect the American citizen from unlawful searches and seizures (Samaha, 223). According to this statement and how such relates to the presence of Law Enforcement in our daily lives; officers must have probable cause if they intend to investigate an individual for a particular reason. Probable Cause states that the particular officer(s), must have factual evidence that a crime is being or is about…