Fourth Amendment Essay

In lieu of recent Supreme Court cases, the provisions of the Fourth Amendment to the United States Constitution have been under recent investigation. For example, in the case of Collins v. Virginia, Motorcyclist Ryan Collins sped by an officer at 140 mph and refused to stop. The officer, however, was able to retrieve photos and a license plate number from the vehicle. After seeing images of the parked bike on Collins’ Facebook page, the officer tracked it to the home of his girlfriend. The…

H.R. 5800/S. 2981- Secure Data Act of 2014 The United States Constitution under the Fourth Amendment ensures our right to be free from unreasonable searches and seizures, and by extension has been interpreted to protect our right of privacy. 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 by oath…

In the United States v. Leon case, the Fourth Amendment exclusionary rule should not be applied so as to bar the use in the prosecution's case in chief of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be invalid. Pp. 905-925. (United States v. Leon, (1984) No. 82- 1771.) In view of the modification of the exclusionary rule, the Court of Appeals' judgment cannot stand in this case. Only…

important to know how to legally search and seize a person, place, or item. The fourth amendment protects citizens of America by injustice government searches and seizures of people’s house, papers, vehicles, and other items. The fourth amendment says that no warrant should be issued but only by probable cause supported by an oath or a place to be searched or items to be seized. There is seven exception for the fourth amendment search warrant requirement that are lawful arrest, consent, plain…

The statement, “The Fourth Amendment protects people, not places,” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses, papers, and defends them against unreasonable searches and seizures. However, to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant, give the government strict to stipulations as to how they are able to rightfully obtain…

A world without the Fourth Amendment The Fourth Amendment is ‘Protection from unreasonable search and seizure’. The Fourth Amendment is that you have the right to your house, persons, and papers. No one can search through your personal items unless they have a warrant and a right to do so. Only two people have the right to go through your mailbox, yourself (family), and the mailman. If we didn’t have this amendment anyone would be able to go through your house at anytime they pleased, taking…

The government cannot abridge the right of free speech or compel anyone to say what the government wants. The government claims that Apple is using the First Amendment to place their business over national security. But Apple argues the law is on their side with the Communication Assistance for Law Enforcement Act (CALEA). This act states that government cannot compel any specific design of equipment, change in…

the NSA against the American civilian are infringing their constitutional rights. The main argument against the NSA is that it clearly goes against the Fourth Amendment of the Constitution. The collection of metadata, which runs websites and holds information about them, trespasses the style that search warrants are done. The Fourth Amendment defines "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be…

Jardines illustrates the shifting landscape of Fourth Amendment analysis. In Jardines, the Supreme Court held that the use of a police drug-sniffing dog on the front porch of a house was an unlawful search because the property was protected by the Fourth Amendment. Jardines specified that only a limited scope of conduct is invited by the simple action of “hanging a knocker.” Actions that deviate meaningfully…

This paper argues that the Fourth Amendment effects law enforcement. In criminal cases, it is important that there is substantial evidence to reach a verdict. For the prosecution to obtain such evidence, they must perform a search and seizure. The Fourth Amendment protects citizens from unreasonable and unlawful search and seizures. It states that people have the right to secure their person and property from search and seizure without a warrant. This amendment came to be after British officials…