Fourth Amendment Essay

home is part of the home itself for Fourth Amendment purposes. Police officers cannot go beyond the scope of that invitation. Entering a person's porch for the purposes of conducting a search requires a broader license than the one commonly given to the general public. Without such a license, the police officers were conducting an unlawful search in violation of the Fourth Amendment. Florida v. Harris & Florida v. Jardines, both are related to the fourth amendment. Although, citizens have right…

violated. In other words, under the Fourth Amendment “you have the right not to have yourself, your home, and other personal possessions searched and seized without probable cause (U.S. Const. Amend. IV).” What gives the Fourth Amendment the right to “search” someone or something? For nearly two centuries, no one could clearly determine this until the 1967 case…

school was unlawful, unreasonable, and violated two Amendments in the Constitution of the United States of America. T.L.O. suffered many charges pressed against her in the lower level courts, so she has now been brought to The Supreme Court’s attention. T.L.O. was first discovered smoking in a school lavatory along with an acquaintance by a teacher. Her accomplice admitted to smoking but T.L.O. denied it. She was brought…

Your procedural rights mainly fall under the first ten amendments of the United States Constitution, better known as the Bill of Rights. The Fourth, Fifth, Sixth, and Eighth Amendments apply to a person when it comes to the criminal justice system. These amendments go hand in hand in protecting a person who finds themselves involved in a legal fight. The Fourth Amendment protects an individual from illegal searches and seizures. A search is defined as “explorations or inspections, by law…

Facts: Officers came to the home of Miss Mapp looking for a bombing suspect; however, upon the initial visit Miss Mapp under the advise of her lawyer, told officers to return with a warrant. Officers returned with a piece of paper—claimed to be a warrant—and forced their way into the house. When Mapp’s lawyer showed up to the residence, the lawyer was denied the right to see his/her client and when Mapp demanded to see the warrant, the officers showed her a paper which she snatched and placed…

the jurisprudence of the mandatory application of the exclusionary rule. It begins by stating that the Supreme Court intends on limiting the usage of the exclusionary rule, making it only applicable to cases that grossly violate a defendant’s fourth amendment rights. By citing prolific court cases as references, this article backs up this position by showing what has and has not worked in previous cases. In many cases, the Supreme Court has ruled that the exclusionary rule is not mandatorily…

Final Exam Arizona State University Ulysses Avila November 30, 2014 Questions 1. (10 Points): Write a short brief of U.S. v. Jones (2012). Make sure you follow the format for legal briefs in the example posted on Blackboard. (See Content section for brief example, and Week 14 Readings for the court case). . . . . . . . . . . . Pages 3-4 (5 Points): In your own words,…

topic to discuss because it has a relativity close connection to the fourth amendment, which is the right to privacy. Law enforcement have the right to warrantless searches when a subject is under policy custody. However, there are certain procedures and guidelines that has to be taking in order to ensure a lawfully inventory search. There are court cases that have been presented that makes that exemption to the fourth amendment more complex. This is why it is vital for the law enforcement to be…

The Fourth Amendment to the constitution states a person's right to privacy and protects people from unlawful search and seizures. In order for a law enforcement officer to be able to conduct a lawful search and seizure, the officer must provide a search warrant or have probable cause. However, there are some exceptions to this requirement. Under normal circumstances, a law enforcement officer must first indicate that probable cause exists. Probable cause is defined as but is not limited to, a…

On the evening of November 9th, 1989, while exiting an apartment building with a history of drug trafficking, Timothy Dickerson spotted police officers and turned to walk in the opposite direction. In response, the officers commanded Dickerson to stop and proceeded to frisk him. An officer discovered a lump in Dickerson’s pocket of his jacket, and, upon further investigation, the officer believed it to be cocaine wrapped in cellophane. The officer reached into Dickerson’s pocket and confirmed…