Search and seizure

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    The Fourth Amendment

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    primitive and mainly significant entitlements bestowed to the citizens of The United State of America; the law, distinctively states, “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.” What Does the Fourth Amendment…

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    (Bohm & Haley, 2014, p. 105). The procedural rights of The Fourth Amendment are the search and seizure of citizens property and/or person in violation of the criminal law, with a meaningful interference by the government. There has to be probable cause. A search and seizure have to be within reason, with a descriptive warrant explaining exactly what is to be searched and seized, signed by a judge. Search and seizure without a warrant can be conducted if the citizen volunteer permission. The…

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    Essay On 4th Amendment

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    4th Amendment: 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. Meaning: Members of law enforcement are not allowed to enter someone’s place of residence without a Warrant. Neither shalt members of law enforcement be…

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    authorities did the officer use to justify the search? The Customs Officer authorities used by the officers at the port was border search exception which is a Unites States criminal law that usually allows all kinds of searches and seizures at the US international borders and all their functional warrant actually without a warrant or even probable case. How would the Customs Officer describe what was found in her reports to articulate her search and seizure? After asking Mr. Noris a few…

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    and eight amendments. These rights mentioned have evolved because of other cases that have affected the criminal justice system. The freedom from unreasonable search and seizures is protected by The Fourth Amendment. The people are protected, and secure in their persons, homes, papers, and effects against unreasonable search and seizures are not to be violated. Unless there is probable cause, no warrants shall be issued,…

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    What Is Probable Cause

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    the terms are used interchangeably. The term, probable cause” is used to “support” a traffic stop, whereas the term “reasonable suspicion” is used as a standard that complies with the Fourth Amendment; the right against “unreasonable” searches and seizures. So if officers are within the rights, he may then proceed to stop a vehicle; that is if he has “reasonable suspicion” to believe that a traffic violation or crime has occurred. In an investigatory stop, the stop must be temporary and not last…

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    interpreted through the years by courts and lawmakers.” It includes freedome of speech or the rights to be secure agaisnt unreasonable searches and seizures, which is also written in the Fourth Amendment, and more. The Fourth Amendment states, “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…

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    Frisk History

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    New York Police Department Stop and Frisk Policy New York utilize constitutional laws to govern its state, they relied on constitutional guidelines, for example; New York did not incorporate an express protection from unreasonable searches and seizures into the state constitution until 1938, relying instead upon Section 8 of the Civil Rights La. Section 12 of Article I of the State Constitution contains two paragraphs, the first identical to the Fourth Amendment and the second proscribing the…

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    4th Amendment

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    It states, “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…

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    Mary Ellis Case

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    Mary Ellis is protected under the Fourth Amendment from unreasonable searches and seizures. Police Officers are not authorized to enter her home without a search warrant, consent, or exigent circumstances. The Fourth Amendment provides the protection of privacy not only to the interior of her home but has extended to open areas immediately adjacent the (curtilage). The definition of the meaning “curtilage” is legally the area proximity or annexation to the home. its inclusion within the…

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