Searches and seizures

dismissing the evidence from her original court case as unlawfully secured, Miss Mapp was found innocent by the Supreme Court of charges set against her and radically shifted the rights of American citizens in regards to freedom from unlawful search and seizures.…

Under the 4th amendment case law, a constitutional search and seizure must be based on probable cause. Whereas a stop and frisk search was usually conducted on the basis of reasonable suspicion, a somewhat lower standard than probable cause. Recently viewed, a video posted on "The New York Times" website a reporter…

During the 1780s, a plan for a new Constitution that would completely change the American government was put into action. However, this caused a disagreement between the people which formed two opposing parties on the idea of a new constitution. The Anti-Federalists wanted strong state governments and a weak central government, and the Federalists wanted the exact opposite of that. Although I prefer to have a balanced mix between the two, I would have to side with the anti-federalists. One of…

In lieu of recent Supreme Court cases, the provisions of the Fourth Amendment to the United States Constitution have been under recent investigation. For example, in the case of Collins v. Virginia, Motorcyclist Ryan Collins sped by an officer at 140 mph and refused to stop. The officer, however, was able to retrieve photos and a license plate number from the vehicle. After seeing images of the parked bike on Collins’ Facebook page, the officer tracked it to the home of his girlfriend. The…

circumstances with a justification. An individual should be aware as to when their right is no longer applied or does not come into significance. The government also has some rights on their own but one of them does not include conducting unreasonable searches, as this may violate privacy rights. The recent precedents have come to shown…

inadmissible to the trial. Including this evidence would be injustice when coming to a final verdict due to the fact that it violates section 8 of the Charter which states that “everyone has the right to be secure against unreasonable search and seizure” The search of the photos was not authorized by the law because there was no consent expressed or implied by Ms. Alomar. Reason for judgment is found in paragraph 19 and quotes “Det. Colabello immediately went into the cell phone log and noted…

amendments guarantee the freedom of the population, and will limit the power of the government (History.com). The 4th Amendment says, “ 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.”…

1. Define enemy combatant. Provide examples of who might be deemed as such and why? Enemy combatants are persons detained under the executive order established by former president of the United States, George W. Bush. It also includes the definition of an individual who was part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United states or its coalition partners. One example of someone who may be deemed as such is a…

After the dramatic and horrible acts committed on September 11, 2001, the world was in shock. The magnitude of the terrorist attacks were nothing to be overlooked. The United States knew they had to find a way to keep the people calm and in a safe place. Forty-five days after the terrorist attacks on the nation, Congress passed the USA PATRIOT Act, acronym for the “ Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act. The acts…

Adjustments to Obtaining a Search Warrant Think of a time when hearing the news and listening to a sudden panic in everyone’s voice. The day when a man shot up the school in Sandy Hook or the mass shooting in a high school in Florida. Suddenly, the world has reached a point where the news on TV is mostly negative. Turning the news on makes the citizens and fellow neighbors scared, thinking what is next and who is next. Is it possible to remember the day when the news had something positive to…