Searches and seizures

other amendments this amendment has a wide variety of which it protects. “The Fourth Amendment of the U.S. Constitution provides, "[t]he 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”( Interests Protected…

Massachusetts law that prohibited protesters to be within a 35-foot “buffer zone” around an abortion clinic was a violation of the First Amendment in the Bill of Rights. Finally in the Supreme Court case Riley v. California, the court ruled that a search and seizure of all digital contents during an arrest is a violation of the Fourth Amendment, therefore it is unconstitutional.…

information? The Patriot Act violates Civil Liberties and is Unconstitutional by restricting the First Amendment and Fourth Amendment rights of Americans. The Patriot Act violates freedom of religion and speech. It violates our right to search and seizure without proper warrants or probable cause. It is unconstitutional, and violates our civil liberties. Before the events that occurred on September eleventh two thousand and one, it is said that the United States government had enough tools and…

Laptops, external storage devices, GPS locators, and desktop computers also come in various types. In the article, “Digital Evidence and the US Criminal Justice System” it states the listing and variety of products pose challenges because there is no uniform process to obtain information across makes and models, let alone different types of devices. Keeping archival information regarding older models of cell phones and its features, while keeping up to date with the rapid growth and diversity of…

unreasonable search and seizures as well as violated his 5th Amendment guarantees against testifying against yourself. Olmstead was found guilty on appeal in the US appellate court and the case was moved to the US…

According to chapter four, the Fourth Amendment of the United States Constitution protects all citizens from unreasonable searches and seizures of property (personal or otherwise) by law enforcement officers, hence the requirement of a search warrant. A search warrant is issued by a judge and is used to authorize law enforcement officers to search a particular location and seize specific items, most often suspected evidence. The first and by far the most important step in obtaining a search…

major hurdle when trying to prosecute criminals. The controversy is whether the 4th amendment truly protects citizens or if it hurts citizens and society even further. Pros of the 4th Amendment allows citizens to be protected from unlawful searches and seizures which could violate their basic human rights. 4th Amendment protects the privacy of individuals; law enforcement cannot just spy on citizens or go through their belongings without probable cause. The main cons of the 4th Amendment is that…

The fruit of the poisonous tree doctrine is any evidence that was gathered as a result of an illegal search. Also, illegal questioning cannot be used against the individual being searched even if the evidence was gathered lawfully at a later time. The terminology is that the source of the evidence is tainted (which is considered the tree), then the evidence that is gained from the source, is tainted as well (which is the fruit). Although the fruit of the poisonous tree is nothing more than a…

Module4 Assignment Pg. 274 5. If a state university has a nonpublic or closed forum, can a person be prohibited from speaking because of what she has to say, the content of her speech? a. The access to a public forum can be restricted by the government, which in the example of higher education are public universities. However, the restrictions implemented cannot be for the purpose of hindering the thoughts and views of individuals due to public officials’ objections of the thoughts presented.…

evidence in plain view. In the Hicks case, the admissibility of the stereo was questioned and in the Meyers case, the admissibility of the bloody handkerchief was questioned. Another similarity that can be seen between both cases is the legality of the seizures in each case. In the Meyers case, the handkerchief was illegally obtained because search warrant only specified the search to be directed towards finding cocaine and cocaine paraphernalia. The judge nowhere in the search warrant specified…