Searches and seizures

Amendment right as you get up to leave you get a brilliant idea on what the 4th Amendment should be. Statement: The first amendment reads “The right of the people to be secured in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be 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.” Thesis: The fourth…

The fourth amendment states that 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” (U.S. Const., amend. IV). The NSA…

contents, students should not have their personal belongings, messages, pictures, and other medias searched or seized. I also believe that schools, along with their districts and states, should have the guidelines and measures for the process of searches and seizures of lockers and cell phones outlined specifically and clearly. In what instances and based off of what types of information the two areas would be searched and seized need to be…

after arranging for some type of plea bargain. Due process limits the way the evidence can be found. Sometimes, criminals are released due to some error during the collection of evidence, or any other due process rights. Unreasonable search and seizure is a commonly violated due process right. A mistake by the judicial system allows a criminal to go free in a due process model. Due Process Model gives credibility to the principle that an individual cannot be deprived of life, liberty, or…

database (Alexander). To build up such a database, they must search everyone. Originally, the fourth amendment enforced the notion that “each man’s homes is his castle”, secured from unreasonable searches and seizures of property by the government. Is what the NSA doing considered ‘unreasonable searches’, don’t they have the right to doubt everyone? In our time of age, identities in the real world versus the virtual world could be vastly different. How else could the NSA retrieve information…

protection of an unreasonable search and seizure, if a search warrant, arrest and trial at a later date. Cruz and Hamrick request a search warrant for Mr. May’s home. The courts fulfill the four requirements of a valid search warrant consist of probable cause, supporting oath or affirmation, description of the place to be searched and the evidence to be seized and the signature of a magistrate. According to Carmen “The general rule is that a search or seizure is valid under the Fourth Amendment…

What is the standard for law enforcement to search your cell phone? Well the Supreme Court states that the police must get search warrants for most cell phone searches, not all (Supreme Court Searches”, 2014). Two cases linked to the Supreme Court decision would be the Riley v. California and U.S. v. Wurie. In the Riley v. California case, Riley was pulled over for a traffic violation. Riley was driving a different car than what was registered to him and he was driving around on suspended…

When law enforcement follows all the guidelines to obtain a search warrant they are essentially putting the burden of proof on the defense and limiting their chances of illegal search and seizure. Establishing probable cause, filing an affidavit, and obtaining a warrant from a judge can help insure that evidence obtained in a search will be admissible in court. Lose of evidence to a technicality or illegal search can hinder the prosecution in that case and in the future. There are several…

The Fourth Amendment to the U.S. Constitution provides, “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.” While the right to privacy is not explicitly stated in the Constitution, the Supreme Court (“The Court”) in…

New technologies are putting more pressure on the boundaries of privacy. New ways are emerging that aid in tracking private information on individuals. No matter what new technology emerges, individual privacy rights should be respected at all levels. Americans are concerned of how to maintain an equilibrium between their personal privacy rights and the need for government to track potential terrorist threats since Edward Snowden leaked National Security Agency's (NSA) documents which included…