Fourth Amendment to the United States Constitution

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  • The 4th Amendment: The Evolution Of The Fourth Amendment

    William Daniels Ms. Read HN US History I November 30th, 2015 The Evolution of the Fourth Amendment After more than two hundred since the creation of the Bill of Rights and the Constitution, are these documents, the foundation of our government and laws, still relevant today? To determine the relevancy of the Bill of Rights and the Constitution, this paper will examine the Fourth Amendment. The Fourth Amendment is“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…(Fourth).”It was created in response to British officials unreasonably searching colonists and their belongings (Mclnnis). But does the Fourth Amendment still protect citizens against unreasonable searches…

    Words: 1916 - Pages: 8
  • Essay On Exclusionary Rules

    Law enforcement must follow a strict procedure before obtaining search warrants. When obtaining evidence, it is important to follow proper legal procedure. If the police officer failed to follow the procedure, this can cause the evidence inadmissible in court. As a result, the evidence cannot be used in court. There are three main concerns when obtaining evidence: exclusionary rule, fruit of the poisonous tree doctrine, and debate whether exclusionary rule deter police misconduct. The…

    Words: 1091 - Pages: 5
  • Supreme Court Case: Harris V. United States

    was in clear view, therefore, as an officer of the court seizing it at that time was a legal obligation. Moreover, this type of seize is justifiable under the plain view doctrine and does not violate the rights given to the accused under the Fourth Amendment. Hendrix (2013) explains that “in Harris v. United States (1968), the Supreme Court established that anything a police officer sees in plain view, when the officer has a right to be where he or she is, is not the product of a search and is…

    Words: 710 - Pages: 3
  • Reasonable Suspicion To Stop And Frisk Essay

    The legal significance of "reasonable suspicion" to stop and frisk an individual versus "probable cause" to arrest and individual. Reasonable suspicion is the presumption a crime has been committed or will happen. Based on the evidence informed by police officers experience and interpretation. But, is less than probable cause to an arrest. Probable cause, holds a belief given by facts and more of concrete evidence of a crime. For example, police need reasonable suspicion to stop and frisk and…

    Words: 787 - Pages: 4
  • The Pros And Cons Of The National Security Agency

    The National Security Agency also known more commonly as the NSA is the agency in charge of monitoring information for foreign intelligence and counterintelligence. In other words they the watchdogs of the Nation. They make sure that there are no threats to our security. But recently a piece of information on how they retrieve information has come to light and people have begun to ask questions. The NSA should continue to survey the United states but under supervision and guidelines. Some are…

    Words: 1109 - Pages: 5
  • Unconstitutional Police Searches

    Bernard Harcourt wrote an essay titled, “Unconstitutional Police Searches and Collective Responsibility,” and it was found that a state appellate judge, a former federal prosecutor, and a government attorney all violated Fourth Amendment prohibitions on searches and seizures (Harcourt). “The vast majority of the unconstitutional searches—31 out of 34—were invisible to the courts, having resulted in no arrest, charge, or citation. In fact, the rate of unconstitutional searches was highest for…

    Words: 1228 - Pages: 5
  • Usa Patriot Act Essay

    create this Act within a short period of time because they “took existing legal principles and retrofitted them to preserve the lives and liberty of the American people from the challenges posed by a global terrorist network” ("Preserving Life and Liberty"). "The Patriot Act defines "domestic terrorism" as activities within the United States that . . . involve acts dangerous…

    Words: 1234 - Pages: 5
  • Court Cases: Frigon V. United States

    NOW COMES the State of New Hampshire, by and through the Office of the Rockingham County Attorney, and states as follows: 1. The defendant is charged with one count of Possession of a Controlled Drug with Intent to Sell [Principle/Accomplice] and one count of Possession of a Controlled Drug. 2. On June 2, 2016 the State received the defendant’s Motion to Suppress. 3. Defendant’s Motion to Suppress argues that the detention and search of the defendant and his vehicle violated Part 1, Articles…

    Words: 2282 - Pages: 10
  • Search Warrant Research Paper

    This paper is going to explain who can issue a search warrant, the grounds on why a search warrant will be issued, who issues it, and the people and location to be searched, and items that can be seized. I will also be informing you on who can issue a search and seizure warrant. I have attached a search and seizure warrant. The search and seizure falls under the Fourth Amendment. Let me begin with what a search warrant consists of. It’s a court order in writing. It’s signed by the…

    Words: 1567 - Pages: 7
  • Pros And Cons Of Search Warrants

    A Search warrant is defined as “a warrant issued by a competent authority authorizing a police officer to search a specified place for evidence even without a occupant’s consent”(LII, 1). This has then given him enough evidence so that it was okay to observe the car. This connection can be linked to the Fourth Amendment which is defined as “the reasonable belief that a crime has been committed and that the person is linked to the crime with the same degree of certainty”(Criminal Procedure, 1).…

    Words: 767 - Pages: 4
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