Fourth Amendment to the United States Constitution

Procedural History: The trial judge denied his motion. The Ohio court of appeals affirmed, and the State Supreme Court dismissed terry’s appeal. Facts: While an officer in plain clothes patrolled downtown Cleveland, his attention was attracted by two men. Terry and Chilton stood on a corner and paced back and forth down the street alternating between one another. Both men repeatedly looked in the store window, and took roughly a dozen trips. The officer had thirty-nine years of experience as…

DAVID FALLSBAUER’S RIGHTS UNDER THE FOURTH AMENDMENT WERE VIOLATED BY THE POLICE OFFICERS, BECAUSE WHEN FACED WITH AMBIGUITY REGARDING THE A THIRD PARTY’S CONSENT TO SEARCH THEY FAILED TO MAKE A FURTHER INQUIRY. BY DOING SO, THE OFFICERS VIOLATED DAVID’S RIGHT TO PRIVACY. The primary question before this Court is whether police officers must make a further inquiry when faced with an ambiguity regarding a third party’s consent to search. The Federal Circuit Courts of Appeals have taken…

The Fourth Amendment authorizes that warrants be given by neutral magistrates based on facts given under oath or affirmation. The Judge has to review the affidavits and decide whether the facts determine probable cause to issue the warrant. Also, the judge needs to know why the facts in the affidavit is trustworthy. Search warrants have to be established on hard facts. Locations that are searched must be described in a lot of detail so law enforcement will not needlessly invade privacy. When…

pseudoephedrine (Liu 5). Afterwards, Harris argued that the dog’s alert did not give probable cause to search his vehicle. He also argued that a dog’s nose was not reliable because it did not have any certification. Harris is claiming that his 4th amendment rights were violated and he was wrongfully charged (Liu…

Starting with a robbery back in 1976, the ‘Third Party Doctrine’ is the legal theory that the United States judicial system still uses today to determine our expectations of privacy, even on modern technology and the internet. The theory was created when the Smith v. Maryland case was ruled in favor of the government in the Supreme Court, claiming that information voluntarily turned over to third parties had no reasonable expectation of privacy. Sense that 1976 case, there has been several other…

It takes a lot to fathom the events happening between police and people of color. As the author of article stated, “to fully understand the people and the events we must use science and develop a sociological imagination.” Looking at the pieces of social and historical evidence all is required to fully understand the whole picture of why this event was an effect of a much deeper cause. The most important to me is the expanding U.S. inequality and the war on drugs. Palmer described the expanding…

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). Along with searching cars; police officers are about to…

The Fourth Amendment of the Constitution provides “protection against unreasonable searches or seizure by government agents and law enforcement officers who then attempt to use that evidence in a criminal prosecution”(Buckles, 2006, p. 132), therefore law enforcement and investigators must meet certain requirements in order to avoid that the evidence would fall under the exclusionary rule. There are two Four Amendment Search Warrant Requirements they are probable cause and a sworn affidavit…

Arrest warrants are issued to allow the police to identify and locate a person, or persons. These persons are usually those who have been previous arrest, released on bail, but then fail to show up to court after their release, in contrast a search warrant allows the police to enter into a promise, in search of evidence or contraband that may be used in an upcoming trial. In order to take possession of an item, and that property to be searched it must be specifically listed in the search warrant…

Dom DiPiero Mrs. Burkett English Chapters 18-23 Chapter 18 1. What is Mayella’s version of what happened? She confirms what her father had said and adds that she invited Robinson in to break up a piece of furniture. (239) 2. Why does Mayella think that Atticus is mocking her? She is not used to people calling her “Miss” or “Ma’am.” (242) 3. What is Atticus’ strategy in questioning Mayella? He attempts to point out her pathetic, lonely home life. (248) 4. What is wrong with Tom Robinson’s…