Differences Between Search And Seizure
So, in any case where Search and Seizure is acceptable, is there a way to compensate for the damages done during a search and seizure. One type of damage one can be compensated for is called compensatory damages. This is the typical type of damage that is thought of during a search a seizure. For example, while officers are searching your apartment, and a sofa was ripped in the process, then the person can receive full compensation for the value of the item that is damaged. Another damage that can be compensated for is pain or income loss. This could be if someone was incarcerated while the trial was still pending, and they happened to loose their job in the process, then the government will compensate for the value of the income lost.
The second type of damage that can be sued for is called a punitive damage. A punitive damage is a punishment “when the defendant's behavior is found to be especially harmful, but are normally not awarded in the context of a breach of contract claim” , or it can bee looked at as a punishment for bad actions. The case O’Gilvie Minors v. United States 519 US 79 demonstrates punitive damage. In 1996, a woman died of toxic shock syndrome and left her husband and two children. They were awarded over a million dollars for actual damages and 10 million dollars in punitive damages. When they paid federal income taxes, they wanted a refund for the money that was awarded to them by the government from the death of their family member. The court held that the “damages were not received ‘on account of’ personal injuries’”, so the exclusion of income tax does not apply. Despite the court ruling, the suit of this family against the United States was an example of a punitive damage, because it was against the government for making them pay a tax on money they were awarded based upon a death in the family caused by no-legal warning against toxic shock syndrome on the label. Under these two provisions someone can sue the government for violations of the fourth amendment? In my opinion, the Fourth Amendment is one of the most freedom-oriented amendments guaranteed to those in the United States. This amendment is in favor of the citizen’s rights against the government. In conclusion, as US citizens, and as people within the United States boarders, as stated by the Fourth Amendment, we are allowed to sue the government if illegally searched and seized. The Constitution does explain, and leaves room for interpretation, on what is legal and what is illegal. The gray areas concerning the right to search and seize is still up under reasonable suspicion and probable cause, but that is why cases are still going to Court. So, in the instance of Elizabeth Daly, she does have the right to sue the government for compensatory damages, both emotionally and physically, if any damages were done to her car. Knowing the Fourth Amendment gives people within the United States boarded an upper hand when it comes to knowing how to handle such spur of the moment cases as search and seizure. This is a fundamental right all citizens should know for the sake of their own protection.
The second type of damage that can be sued for is called a punitive damage. A punitive damage is a punishment “when the defendant's behavior is found to be especially harmful, but are normally not awarded in the context of a breach of contract claim” , or it can bee looked at as a punishment for bad actions. The case O’Gilvie Minors v. United States 519 US 79 demonstrates punitive damage. In 1996, a woman died of toxic shock syndrome and left her husband and two children. They were awarded over a million dollars for actual damages and 10 million dollars in punitive damages. When they paid federal income taxes, they wanted a refund for the money that was awarded to them by the government from the death of their family member. The court held that the “damages were not received ‘on account of’ personal injuries’”, so the exclusion of income tax does not apply. Despite the court ruling, the suit of this family against the United States was an example of a punitive damage, because it was against the government for making them pay a tax on money they were awarded based upon a death in the family caused by no-legal warning against toxic shock syndrome on the label. Under these two provisions someone can sue the government for violations of the fourth amendment? In my opinion, the Fourth Amendment is one of the most freedom-oriented amendments guaranteed to those in the United States. This amendment is in favor of the citizen’s rights against the government. In conclusion, as US citizens, and as people within the United States boarders, as stated by the Fourth Amendment, we are allowed to sue the government if illegally searched and seized. The Constitution does explain, and leaves room for interpretation, on what is legal and what is illegal. The gray areas concerning the right to search and seize is still up under reasonable suspicion and probable cause, but that is why cases are still going to Court. So, in the instance of Elizabeth Daly, she does have the right to sue the government for compensatory damages, both emotionally and physically, if any damages were done to her car. Knowing the Fourth Amendment gives people within the United States boarded an upper hand when it comes to knowing how to handle such spur of the moment cases as search and seizure. This is a fundamental right all citizens should know for the sake of their own protection.