The scope of what the NSA does is vast and includes monitoring the internet, text messages and phone calls. The NSA exists because of the Fourth Amendment. Within the law the NSA can collect data with probable cause. Snowden outed the NSA for collecting information or data without probable cause. I think that Snowden made the decision to come forward because it was the right thing to do ethically. He states that his motivation was that the public should decide if what the NSA was doing…
The Fourth Amendment to the U.S. Constitution provides, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” While the right to privacy is not explicitly stated in the Constitution, the Supreme Court (“The Court”) in…
tries to convince a judge that the information amounts to probable cause to believe that contraband or evidence is in a specific place. When a police officer is ordered to do a search, the first question to ask should be “Was it reasonable?” Because according to The Fourth Amendment regulation; “any seizure or search undertaken without a valid search warrant is illegal, and also requires the government to show Probable cause”. Probable cause consists of facts that would lead a reasonable police…
If the Founding Fathers were to return to the United States today, they would be appalled by the state our country is in. When the United States was formed, it was created as a country with checks and balances between branches of government, with very little government, and personal liberty. However, the country today ignores these ideas outlined throughout Constitution in numerous fashions. The result is a nation completely unlike that envisioned by the Founding Fathers. Ergo, they would be…
violations; preliminary or probable cause hearing at which a judicial authority will determine whether sufficient probable…
Chapter four of the Georgia code is arrest of persons. There are four articles about the proper way to arrest an offender and more. Article one provides the proper way to make an arrest. If a person voluntarily gives there freedom away, meaning they don’t resist arrest by the officer then the arrest is complete. In a situation where the officer has an arrest warrant for an offender who is concealed in a house, the officer has the authority to break the door open to arrest the offender. Article…
These requirements in the search are generally considered reasonable when: a judge issues a search warrant based on probable cause; or certain situations occur that justify a search without a warrant (a search for weapons after an arrest, for example. Emergencies/Hot Pursuit Evidence that can be easily moved, destroyed or otherwise made to disappear before a warrant can be…
raised, and completed the ‘stop and frisk’. He took them to the police station and Terry and Chifton were charged with possession of a conceal weapon. This moment in time is what sprouted the beginning of an effective case. John Terry believed that the search that Detective McFadden had processed was unconstitutional because of the fact that he felt that there was no facts or complete evidence however the court possessed the gun as evidence. The men were being suspicious walking outside of…
On March 2, 2018 at approximately 1929 hours, I observed a silver Mercury utility vehicle bearing Florida tag JITE29 traveling south on Port Richey Village LP approaching the intersection of Richey DR in Port Richey, FL. The vehicle passed a posted right turn only sign, but made a left turn onto Richey DR in violation of the posted traffic control device. I conducted a lawful traffic stop on the Mercury and made contact with the driver. The driver was identified by his Florida identification…
it was held in Payton v. New York,(445 U.S. 573 1980), that a suspect should not be arrested in his house without an arrest warrant, even though there is probable cause to arrest him. The court’s decision was not to protect the person of the suspect but to protect his home from entry in the absence of a magistrate's finding of probable cause. The court held that Olson's warrantless arrest was illegal because he had a sufficient connection with the premises to be treated like a householder.…