There are exceptions to the Fourth Amendment, if an officer was to enter a house with a search warrant for something
There are exceptions to the Fourth Amendment, if an officer was to enter a house with a search warrant for something
Case Signifance: The 4th amendment prohibits the unlawful search and seizure of resident belonging to citizens of the United States of America.…
The Fourth Amendment is used in a precedent case, Katz v. United States. It states, “[T]he Fourth Amendment protects people, not places…” (Document A) With this considered, the police did not invade his personal belongings, only the view of a public space (Document C). Justice John Paul Stevens says, “Heat waves, like aromas that are generated in a kitchen…, enter the public domain if and when they leave a building…” (Document F) The government has complete jurisdiction in what they are doing, because Document E states, “The use of the thermal imager in this case is not a Fourth Amendment search”. Sam this is an excellent paragraph. You are able to combine various documents into one…
A critical point to be noted is that the Fourth Amendment only applies to government action, which includes deputized individuals or those acting at the direction/behest of law enforcement. Additionally, the Fourth Amendment requires not only an actual expectation of privacy, but also, a societally recognized, reasonable expectation of privacy in the place or area searched.…
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 (Peak, 2006)."…
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.…
The Fourth Amendment should not be taken lightly, when invading the privacy of people. For example, people do not need a warrant to retrieve a person’s document that they have already shared with someone. Consequently, personal information could be stolen, but these people are unaware that their individual material is being searched through, and is being kept in storage. Likewise, Daniel Zwerdling states that, since Facebook uses specific software that has the ability to recognize people in pictures, this invades people’s privacy. Because of this software, anyone can observe a picture of someone and automatically know who they are. In fact, according to David Sirota, the government does not trust people enough that they have to seize a person’s…
The Fourth Amendment, or the Bill of Rights for that matter, is only applicable to the government and not private citizens. The exclusionary rule would not have any merits if a private citizen went into someone’s home and found evidence of a crime while searching it so long as the private…
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…
Rule: The fourth amendment protects against unlawful searches and seizures, and follows a person not a place.…
The fourth amendment is the right for a citizen to be secure in their person, home and any of their property. It is established to protect citizens from unlawful search and seizures. Officers are required to have a warrant and only when they have probable cause.…
Individual rights under the Fourth Amendment can make or break a case in trial. According to the Fourth Amendment, “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.” This is a United States citizens Fourth Amendment right equally protected to all. This protects the people from the State and Federal Governments within their privacy. The Fourth Amendment also advises that a Law Enforcement Officer (LEO) must have probable cause before seeking a warrant. Probable cause is when there are enough facts, or totality of the circumstances, that a crime has happened. The LEO if seeking for a search warrant must state in the warrant what it is they will be searching for. For example, if an LEO seeks a search warrant for stolen property; the LEO must only check items in the house which could be stolen; i.e. televisions, computers, vehicles etc. The LEO checking a thumb drive, not putting on the warrant to check that equipment, which contains child pornography, would be an illegal search and seizure. Unfortunately, the defendant in this situation would have the evidence suppressed due to the illegal search.…
The Fourth Amendment protects us citizens from the searching of our homes and private property without properly executed search warrants. If law enforcement wants to collect these records such as GPS tracking or cell phone tracking, they will need a search warrant based on probable cause. This constitutes a search under the Fourth Amendment because it violates the individuals reasonable expectation of privacy. You would think that your location would be private and expect it to remain private, but that is not the case. When law enforcement seeks the cell phone location and this individual is inside his or her house, they cross the line by learning facts about the interior of the home, which is clearly illegal without a warrant. Let's say the…
The fourth amendment is the right against unreasonable searches and seizures. It also requires a warrant and probable cause for the evidence to be seized legally unless other circumstances apply. Due to this amendment law enforcement cannot take evidence as they please, they must have a valid reason and even may require a search warrant. According to Find Law, “If a government actor conducts an illegal search (one that violates the Fourth Amendment), the government cannot present any evidence discovered during that search at trial. Known as the "exclusionary rule," this rule aims to deter police officers from conducting unreasonable searches. Opponents of the exclusionary rule, however, argue that it lets guilty criminals go free on technicalities.” There have been several cases which have been thrown out due to evidence gained illegally and guilty people have gotten to walk away free. I believe the fourth amendment is very important in the legal system and I also agree with how it has been implemented. I believe this amendment keeps law enforcement from invading other people’s privacy. A good example is, the fruit of the poisonous tree which was created to prevent the government and law enforcement from invading someone’s privacy by doing unreasonable searches which could also lead law enforcement to discover other evidence. The theory of this would be that law enforcement knowing that a certain evidence was collected illegally would get thrown out as evidence and this would hopefully deter them from conducting them…
According to the United States Constitution and the Bill of Rights, the Fourth Amendment can be best defined as an amendment providing 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 (Fourth, 2012). In general terms, the Fourth Amendment protects from illegal searches and seizures performed by governmental agents. In 1763, William Pitt stated that under any circumstance or living condition, whether the roof was falling in or the walls allowed wind through, even…