of First Amendment rights, including the rights of free expression, free association, and free exercise of religion .”
of First Amendment rights, including the rights of free expression, free association, and free exercise of religion .”
This work POL 303 Week 2 Discussion Questions 1 4th Amendment comprises solution of the following task: "What rights are protected by the 4th Amendment? Provide three concrete examples. Why are unreasonable searches forbidden? What factors determine whether a search is reasonable or not? Explain in 200…
The Fourth Amendment of the United States Constitution requires that no search or seizure shall be carried out unless a warrant has been issued. The exceptions are: searches with consent, frisks, plain feel/plain view, incident to arrest, automobile exceptions, exigent circumstances and open fields, abandoned property and public place exceptions (Harr, Hess, 2006, p. 219).…
On May 12, 2016 the court case Binks/McKay vs the United States challenged the idea of the Fourth Amendment. The case explains the situation between Binks and McKay, who claimed that the FBI violated their Fourth amendment rights when the FBI searched through their Facebook messages after being suspected of being terrorists. This occured when Binks and McKay were discovered to have been communicating with a supposed ISIS member. They had claimed to have no intentions of joining the terrorist group. In this case, Sam and Melanie (petitioners) reminded us that a warrant and reason for searching is a necessity when it comes to violating one’s right to privacy. However, court justices Danny and Nick both asked similarly: “Why do you think that violates their privacy?…
The Patriot Act’s Title II is intended to safeguard American soil and her citizens from the clandestine activities, both electronically and conventionally, of terrorist organizations. Under the Act, law enforcement and intelligence communities are afforded greater access to surveillance procedures and enjoy a greater breadth of discretion when dealing with foreign nationals and immigrants on US soil. However, the Act disregards many of our basic constitutional rights. Those same…
Georgia v. Randolph, 547 U.S. 103, 126 S. Ct. 1515, 164 L. Ed. 2d 208 (2006)…
If Congress wanted to enact a law that allowed the government to collect the amount of data they were attempting to collect under Section 215, I would support it. I also believe that there is no expectation of privacy, due to the applicability of the third party doctrine. But I agree with Judge Lynch in this case, the government incorrectly used Section 215 to collect more data than was originally intended with this…
Our forefathers with great fortitude put together a document that would be forever known as the constitution. This document addressed the rights of the citizens of the newly formed states. One amendment has been a focal point of discussion in recent weeks with the leakage of NSA protocol. The fourth amendment states, “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…
Explain the two-fold requirement discussed in Katz v. United States, for analyzing when a search occurs under the 4th Amendment.…
In 1980 a high school teacher at a high school in New Jersey caught two girls smoking in one of the bathrooms. At that time students were allowed to smoke in some areas of the school but smoking in the bathroom was restricted. The teacher then proceeded to take them to the office where they met with the Assistant Vice Principal Theodore Choplick. T.L.O was one of the girls, she was a 14 year old freshman. T.L.O said that she had not been smoking but the second girl admitted that she had been smoking. Choplick then took T.L.O into his office and told her to let him see her purse. He opened the purse and found a pack of cigarettes, a package of cigarette rolling papers, a small amount of marijuana, a pipe, and some empty plastic bags. He also found a list of people who owed T.L.O money. Also contained within the letters was information that showed that T.L.O was selling marijuana. Choplick then called T.L.O’s mother as well as the police. When they arrived at the school Choplick gave the police…
In my opinion, I believe that the 4th amendment is both good and bad depending on the circumstances. Sometimes there are people who blatantly have drugs that the cops can't frisk off until they have the warrant. By the time the police get the warrant, said suspect could have already gotten rid of the drugs. However, this also works the other way. Sometimes, the police search other people that they have false evidence on. Then this innocent person gets searched and it makes the searched person look bad in the future.…
The Fourth Amendment protects three distinct rights. They are liberty, property and privacy. Taking into consideration along with research and survey, I believe that each of these rights are equally important. Together they provide for a complete and well-rounded way of life. Without liberty, our lives would be limited to what the establishment would allow and therefore, what privacy could we have without the right of choice. Property would have no value without the liberty to use it as I desire.…
I enjoy reading your post. I would say that one of the reasons the 4th Amendment is so important is that it is reflective of the Colonists' own experiences. The Colonists were outraged on many levels that British soldiers could enter their homes, seize their belongings, or search their property without any probable cause or authentic paperwork. The fact that warrant-less and groundless searches became so prevalent is one reason why the 4th Amendment strictly states that justification and authentication must accompany all searches and investigation of property and belongings. Another I would say that the 4th Amendment is important is that it represents a fundamental right of a person accused of wrongdoing in a legal sense. The 4th Amendment…
In my criminal justice classes, I learned that there are many amendments that protects citizens when they are arrested. After September 11, and the terrorist attacked, President Bush passed the Patriot Act. Many people were unhappy because it allows police officers and federal agents to invade our privacy. Many laws passed into effect and all the police departments started to share information with ICE, FBI and other federal agencies, nationwide and locally.…
The Fourth Amendment of the Constitution of The United States of America was added as part of the Bill of Rights on December 15, 1791. The Fourth Amendment deals with protecting people from searching their homes, and private property without properly executed search warrants. “Provides 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” (The History Behind the 4th Amendment). The Founders that put everything into place believed that freedom from government intrusion to a person’s home was a natural right for the people as well as a fundamental to liberty.…
The Fourth Amendment of the United States of America constitution reads as follows; 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. It was ratified into the Bill of Rights on December 15th, 1791 and is the section that protects us against illegal and/or unreasonable searches and seizures of our homes, person or property and was drawn from the “Every man’s house is his castle” maxim celebrated in England. It was established as protection against…