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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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    The Patriot Act is a government bill hastily passed after the days of the 911 terrorist attacks. In essence it is essentially an extension of a currently existing program called FISA, which allows for spying on other countries. This program costs a total of 64 billion dollars a year. And it also allows for government overreach in the form of civilian surveillance which is supposed to be prohibited by the 4th amendment (Costly 2). However the Patriot Act hasn't stopped any terrorist attacks…

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    Cell Phone Based Cases

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    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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    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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    really private? Unreasonable search and seizures where he or she feels violated by a sheriff or police officer because they did not have a warrant on them to search the person or their property. The right that is being discussed is protection against illegal search of self, home, or property. A person has the right and should always say no if a sheriff or police officer do not have a warrant with them. Most people say this, “fruit of the poisonous tree”(Understanding Search-and-Seizure Law).…

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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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    Dmak Dbq Analysis

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    A thermal scanner was used on the house of DLK without a warrant, in order to obtain evidence that DLK was illegally growing marijuana. DLK sued on the grounds that the scan was a search, and since there was no warrant, it violated his fourth amendment right.The government went too far by scanning DLK’s house because the scan indicated things about the house that would be unknown unless one entered the house, revealed things which DLK wished to keep private and took reasonable measures to…

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    Essay On 4th Amendment

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    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 able to take someone’s belongings without permission from a…

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    the police officers to search the resident, without the officers having to obtained a search warrant, and the police had significant probable cause to be at the resident. The prosecutor can argue that the consent from the accused wife was sufficient enough to search the resident, since she was a co-occupant of the resident. The prosecutor could argue that a warrant-less search conducted in the absence of probable cause is valid when one occupant give permission for the search, even if the other…

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    they want without probable cause or a warrant. When in my home a law enforcer cannot come on and take random evidence. When in your vehicle a police officer cannot search without your consent or again a search warrant. The fourth amendment gives you basic privacy in daily activities. It also helps when there is a criminal investigation and want to search or seize a certain thing in my home, car, and person. When in your vehicle a police officer cannot make a search of your car without your…

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