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…
and seizure is a serious problem in this country because some police officers will search teenagers without a probable cause. The reason some police officers will search teenagers because they think they can, or they do not fully understand the Amendment to search and seize. This happens all over the United States and is a big problem. The right to know unreasonable search and seizure is a fundamental part of the Constitution because it is important to know the extent of your right. The law…
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…
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…
Name Professor Course Date Online privacy The Fourth Amendment of the United States constitution protects against unreasonable searches and seizure by the government. It recognises the right of the people and their property to be free from these searches unless a warrant is issued on the basis of a probable cause. Such warrants can only be valid if it describes the place to searched and the things to be seized. The objective of this amendment is to protect the citizens from arbitrary…
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…
Seeing a white male in a vehicle alone is not enough for a solid case for a lawful Terry stop. The facts of this case what few there is, along with the officers thinking that Uber has a possibility of committing a crime, is unfounded. Is it fair to state that Officer Mathison should be aware of the drivers in that area? I believe that is fair. I also believe that it is commendable for any officer to be alert and particular of details in what they notice about drivers. The officers should pay…
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…
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…
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…