Seizure

A world without the Fourth Amendment The Fourth Amendment is ‘Protection from unreasonable search and seizure’. The Fourth Amendment is that you have the right to your house, persons, and papers. No one can search through your personal items unless they have a warrant and a right to do so. Only two people have the right to go through your mailbox, yourself (family), and the mailman. If we didn’t have this amendment anyone would be able to go through your house at anytime they pleased, taking…

been the argument of how much individual privacy people deserve. Cornell University Law School states the fourth amendment as "[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." The government though presents the…

The Riley V. California case focused on whether a phone search required a search warrant. According to Liptak, the issue was first brought to attention in 2009, with the arrest of David L. Riley in San Diego. The article, “Riley V. California”, explains the various issues taken into consideration by the supreme justices. The issues included were: the “warrantless search exception” that allows officers to search for anything that they feel threatens their safety, the justices introduced the issue…

Lawful Searches Law enforcement officers are bound to certain rules that limit their powers of search and seizure. These rules are governed by constitutional rights and administered by the supreme court. These rules were placed on officer to prevent corruption and protect the rights of citizens from corrupt officers. The use of a search warrant signed by a judge must accompany a search of residences that are believed to have evidence that prove the guilt of a suspect residing on the…

During any criminal proceeding, the law can either help win the case or lose the case. Every case is unique, whether it is a murder case or a simple assault case. This is why clients need skilled, knowledgeable attorney 's so that they can receive fair trials without police and investigators introducing evidence which may be illegally seized during an arrest. The judge has the ultimate decision whether evidence should be excluded or not, so bringing forth the Constitutional Rights of one 's…

that an individual is guaranteed that no person shall "be deprived in the pursuit of life, liberty or property without due process of law". Let's look at the individual amendments. The Fourth Amendment protects individuals from unlawful search and seizure. The most common issue in law enforcement that arises is the need for search warrants. By not following procedural correctness a case may falter during the trial phase because a warrant was not obtained in the proper way. Although the warrant…

cannot search them … before arrest merely on the basis of reasonable suspicion’ and Lord Denning’s obiter in Ghani v Jones that allows for ‘a public interest-based judicial discretion’ to receive evidence outside of the legal scope of search and seizure. In considering the impact on presenting evidence to juries, Carmody CJ concludes that usually it would be wrong to reject the evidence contained in the iPhone because it was found before a warrant had been obtained. However, it is then whether…

comprehend it. After countless medication changes and undetermined causes, my family and I weren’t sure if there was a solution. I didn’t think much of it at first, as the seizures started to occur more often it affected my ability to learn efficiently in school and to proceed with everyday life without worrying about having another seizure. I began to believe that these experiences were happening to me and there was nothing I could do about it. I thought that I had conquered this obstacle when…

Although this policy has made a great difference with decreasing the crime rate, the opposite end of the policy now feels like police officers are violating their 4th amendment right. The 4th amendment, “prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause”. This amendment provides law enforcement with the power to only seize a civilian property as it relates to a specific act which is the controversy comes into place…

TSA and backscatter X-Rays is a technology equipment that is used to scan full bodies of airline passengers. It is also known as a WBI (whole body imager), security scanner, body scanner, and a naked scanner. TSA use the backscatter X-Ray to detect hidden weapons, tools, liquids, drugs, stolen currency, and other illegal items. They do this to make the flight ride safe for other passengers and to get to their destination safely without conflicts. Backscatter X-rays are only found at a few…