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    The evidence obtain during the search of John Smith vehicle should not be admissible in court and a motion to suppress should be file. The Fourth Amendment protects against unlawful search and seizures applies to routine traffic stops as in this case. Officer Roberts should have had probable cause that a crime has been committed in order to search and gather evidence without a valid search warrant. Officer Roberts pull John Smith over because he thought there was an obstruction in his…

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    I. Topic: New York City News General Purpose: To inform Specific Purpose: To inform the class about the New York Police Department’s Stop and Frisk practice. Thesis: Three news sources focus on NYPD Stop and Frisk policies II. Introduction: When a young non-white male is stopped and searched at the whim of a police officer, his idea of personal space, privacy and self-esteem are shattered, to say nothing of his Fourth and Fourteenth Amendment protections. The damage goes deep…

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    Essay On 4th Amendment

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    was created to protect citizens and their right to privacy. As said in United States Government: Democracy In Action, the fourth amendment “reflects the early Americans’ desire to protect their privacy”. Great Britain used Writs Of Assistance, or search warrants to find illegal paraphernalia. Back in…

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    Terry V. Ohio Case Study

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    individual he can conduct a search for weapons for the safety of himself and others. The purpose of the search is important, in Preston v. United States, 376 U. S. 364, 367 (1964) the reason for the search was for officer safety, making searches for officer safety and the safety of others permissible. The scope of the search must be kept to only looking in places weapons may be kept. The Mapp v. Ohio was a case that was looked at for reference to decide what scope made the search reasonable,…

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    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…

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    referred to the case Terry vs Ohio, and the court specified that the officer in the Terry case had motive to believe criminal activity was about to take place. Though, the officer proceeded to search Terry, he only conducted a surface search, as in his hands never stretched inside Terry’s coat. In contrast, the search performed on Dickerson was much more intrusive, and it went beyond a surface touch. Ultimately, the officer had to explore and manipulate the cellophane to conclude it was cocaine.…

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    1. In Florida v. Bostick, 501 U.S. 429, 438 (1991), the defendant contended “that no reasonable person would freely consent to a search of luggage that he or she knows contains drugs.” Should there be a presumption of involuntariness when incriminating evidence is readily found pursuant to the “consent” of a person who denies guilt? There should be a presumption of involuntariness when incriminating evidence is readily found pursuant to the consent of a person who denies guilt because the…

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    Cell Phone Based Cases

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    addition to his backpack being searched, he was patted down, and also had his shoes and cell phone searched. After finding no drugs on him, the student was sent back to class. The lawyers referenced Riley v. California and the judged claimed that the search of the student's cell phone "exceeded the scope of a…

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    On 6-17-2016 I Ptrm. Butram responded to 6067 N. Ridge (Wal-Mart) for a theft. Upon arrival I spoke with John Goecker (asset protection). John stated he was alerted to an unknown male, behaving suspiciously in the shoe department. The male was Identified as Christopher Andrew Zakrajsek. John stated he observed Christopher select a pair of Interceptor boots size 9.5 and place his feet into them. John stated he then placed his old shoes into the box along with the tag from the boots. John…

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    Stop and Frisk states that police is able to stop and search someone based on a suspicion that this person is involved in criminal activity. The 4th amendment states that police is allowed to search someone if they have the reasonable believe that this person is committing, has committed or is going to commit a crime. This search consists of a quick pat down of the outer clothing. Stop and Frisk started with the Terry vs. Ohio case, in 1976, in which a police officer suspected three men of being…

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