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…
equality, and liberty are important words to America. These four words emulate what the United States Constitution stand for. The United States Constitution was created to allow every citizen freedom to pursue their goals and dreams, as well as make important decisions regarding the direction of their life. Nearly 300 years later, the United States still tries to follow the laws and rights granted by the Constitution. There are many individuals who abide and uplift the Constitution; however,…
This paper reflects upon the establishment of the Fourth Amendment, added as part of the Bill of Rights on December 15, 1791. From the colonial era to the establishment of the United States Constitution in September 17, 1787, Philadelphia. The implementation of the United States Supreme Court in 1789; under the Judiciary Act of 1789. The many challenges surrounding the notion that “Every man 's home is his castle” The Constitution of the United States: Fourth Amendment Rights…
The Fourth Amendment Do you know you have the right to say NO?. The Fourth Amendment in other words Search and Seizures allows one to say no until proper legal document or warrant is shown to search or seized someone’s home, car, personal item and to protect people rights to privacy from the government intrusions. Meaning the government can’t use police force in which would expose citizens. Also the Fourth Amendment respects people rights and that it should not be violated. The…
Public Law 193-322- The Violent Crime Control and Law Enforcement Act of 1994, it gives the U.S. Department of Justice the right to review and investigate law enforcement agencies who may violate any individual 's rights; in the case of those agencies who receive direct federal funding. Provisions of the Omnibus Control and Safe Streets Act and Title VI of the Civil Rights Act of 1964 may also be used to review violations if any (U.S. Department of Justice). The Hate Crime Statistics Act t…
violation of the Fourth Amendment in the case against Slim Workman. Chimel v. California holds the doctrine to the Fourth Amendment. The officers did not obtained a warrant or have probable cause to search and remove evidence from the house of Mr. Thompkins. II. During the illegal seizure, a World War II-era caliber automatic pistol was recovered. The pistol was confiscated due to violating an Ocean County ordinance. The Supreme Court holds this is in violation of the Second Amendment of the…
her possession, but the search conducted by the 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…
Facts In 1967, Charles Katz used a public telephone in Los Angeles, California in order to place illegal gambling bets. Not only was he placing bets over the phone, he was placing the wages to individuals in Boston and Miami. While he was placing the bets over the phone, Katz was unaware that the Federal Government, also known as FBI, was conducting an investigation through the electronic collection data. After the conversation, Katz was arrested and apprehended by the FBI. Katz cited that the…
intrusive governments potentially spying on their every move. Particularly in the United States, our privacy is specifically protected by the fourth amendment of the Constitution. Though this, by law, is set in stone, the government often finds loopholes, or rather, takes blatantly illegal actions for their own benefit – So does the United States government really guard their citizens ' right to privacy, or does it do the exact opposite? No actions are ever taken without reasoning. With three…
government is not to overstep their boundaries by harming the civil liberties of Americans. Brandeis believes in the Bill of Rights and protecting the original intent of that document. That is why Brandeis dissenting opinion in Olmstead v. United States and his concurring opinion in Whitney v. California showed his legal and judicial creativity because he constructed arguments to reinforce the protection of the First, Fourth, and Fourteenth Amendments of the Constitution. Brandeis dissent of…