Roy Olmstead was tried and convicted of being in violation of the national prohibition Act which prohibited the manufacture and distribution of alcohol in the US. Federal agents were able to make a substantial case against Roy Olmstead through the use of evidence garnered through judicial unapproved wiretaps placed on his phone line between his home and place of business. Olmstead appealed his guilty verdict claiming that the government gained evidence through actions which violated his 4th…
Jardines illustrates the shifting landscape of Fourth Amendment analysis. In Jardines, the Supreme Court held that the use of a police drug-sniffing dog on the front porch of a house was an unlawful search because the property was protected by the Fourth Amendment. Jardines specified that only a limited scope of conduct is invited by the simple action of “hanging a knocker.” Actions that deviate meaningfully…
USA PATRIOT Act The USA PATRIOT Act was signed into law by Congress and the president at the time, George W. Bush, on October 26, 2011. It was voted in the Senate 98-1 and the House of Representatives agreed 357-66 to pass the law. The ten letter backronym stands for Uniting and Strengthening America by Protecting Appropriate Tools Required to Intercept and Obstruct Terrorism. The Congress was able to create this Act within a short period of time because they “took existing legal principles…
Fourth Amendment The Fourth Amendment is meant to protect the citizen from unreasonable seizures and searches without a warrant. This includes having their homes, persons, and items in their homes searched by police as well as other officials. Following the Amendment, if a police officer suspects that a citizen has is perpetrating or is taking part in a crime, the office has first to obtain a warrant legally. The warrant has to be granted by a judge before the offer can enter the property of…
Case Name: State v. Thompson Citation: 288 Ga. 165, 166–167, 702 S.E.2d 198 Year decided: 2010 Facts: On the night of September 12, 2006, several DeKalb County officers were dispatched to an apartment complex in Stone Mountain, GA on a possible stolen vehicle report. Upon arrival, contact was made with the complainant Earl McCord along with several other residents of the complex. After interviewing all parties present, it was concluded that the vehicle had not been stolen but had in fact had…
There is a finite line between national security and the privacy of innocent Americans in their day to day lives. The right to have privacy was provided to people when it was installed in the 4th amendment to the constitution. Although the U.S. Government has been stretching out this basic right and invading the privacy right that every American has. The government should not be allowed to freely use surveillance programs to watch over innocent people 's every move. Stated in the 4th amendment…
cooperate then the police officer can arrest them for violating the probation order. The difference between a probation officer and police officer is the officer must follow the fourth amendment to search a probationer’s home. Probation officers can search the home without a warrant if it states they can in the probation order. The fourth Amendment is acceptable in this situation due to they are following protocol of this law. If it wasn’t followed they would be breaking the law and violating…
Framers made the government to work properly so they created the Constitution to give citizens rules to abide. Amendments are the rules that the citizens have to follow such as freedom of speech, the right to bear arms and the right of privacy. The fourth amendment is the right to privacy such as no unreasonable seizures and searches to your personal belongings and property without any warrants. A search usually has to be based on probable cause- a reasonable basis to believe that the person can…
they also leaned in an open window of the vehicles they went up to. In the scenario I just presented to you I the officer would have the ability to do a pat-down search now you might say that this is against the individuals Fourth Amendment right. The Fourth Amendment of the US Constitution states “The right of the people to be secure in their persons,…
The Fourth Amendment is a great representation of the freedoms that the founders of the United States sought to establish in this country. This same freedom plays a key role in shaping every day police work as well as cases in court. These same ideals have also caused some hardship for law enforcement officers that neglect to yield to proper procedure. Some aspects that have been created from that very ideal allow criminals to avoid prosecution due to technicalities. Yet, the Fourth Amendment…