Abstract The understanding of the Fourth Amendment in the U.S. Constitution and its relevance for searches and seizures is critical for any investigator‚ and it strikes a balance between individual liberties and the rights of society. Most importantly‚ the limitation on any search is that the scope must be narrow‚ if a search is not conducted legally‚ the evidence obtained is worthless. As a matter of fact‚ the exclusionary rule established that courts may not accept evidence obtained by unreasonable
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In 1868‚ the Fourteenth Amendment was added to the Constitution because of the concern related to the status of protection extended to the newly freed slaves against mistreatment by the states recently freed slaves. The Fourteenth Amendment offered a solution to these discriminatory laws simply guaranteeing “due process of law”‚ requiring the legal system to provide fundamentally fair trial procedures and “equal protection of laws”‚ and thereby requiring the government to treat all persons with equal
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The First Amendment protects the rights of religion‚ freedom of speech‚ freedom of the press‚ and the right to petition the Government. These rights are some of the most important rights granted to Americans. Some may argue that the First Amendment is too protective of our rights. I tend to disagree; I think in order for our country to have a written explanation of what is or isn’t protected the First Amendment gets the points across precisely. The First Amendment grants Americans the ability
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Free Speech and The First Amendment Comm 3300 Brief #3 Case: The case was New York Times Co v. United States at was decided on June 30‚ 1971. Brief description of the facts of the case: in 1971 the U.S. had been at war with North Vietnam for six years in which many American soldiers had lost their lives in battle and the Administration was currently facing immense dissent from a large portion of the American people. The Nixon Administration tried to prevent the New York Times and Washington Post
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(1988) Oliver v. United States‚ 466 U.S Terry v. Ohio‚ 392 U.S. 1 (1968) Chimel v. California‚ 395 U.S McWhirter‚ D. (1994). Search‚ seizure‚ and privacy. Phoenix‚ AZ: Oryx Press. Hubbart‚ P. (2005). Making sense of search and seizure law : a Fourth Amendment handbook.
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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
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Suelin Qu The First Amendment “The First Amendment is the freedom of speech‚ press‚ religion‚ assembly ‚ and petition. This may be the most revered of the Amendment’s. The First Amendment protects our rights to say and write out opinions‚ worship how we please‚ assemble together peacefully‚ and petition our government‚ if we feel the need.” In my opinion‚ The First Amendment plays a big part in our country. The First Amendment supports and backs up the unique freedom everyone is supposed to have
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The Fourteenth Amendment addresses various aspects of citizenship in the United States as well as the rights citizens are afforded. The most profound clause used in this Amendment is the due process clause which addresses equal protection of the laws. Overall the goal of the 14th Amendment was to ensure the enactment of the Civil Rights Act (1866) remained valid to ensure that every person born in the United States were citizens and were entitled to full and equal benefit of all laws. Nonetheless
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The Second Amendment of the United States Constitution protects the right of individuals to keep and bear arms . Although the Supreme Court has ruled that this right applies to individuals‚ not merely to collective militias‚ it has also held that the government may regulate or place some limits on the manufacturer‚ ownership and sale of firearms. Requested by several states during the Constitutional ratification debates‚ the widespread desire for such an amendment reflected the lingering resentment
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use and ownership of firearms. Liberals have been arguing the Second Amendment does not grant citizens the right to bear arms‚ only militias. Another controversy would be that additional gun control laws are necessary to prevent gun violence. Conservatives believe in the opposite‚ and often argue the Founding Fathers made the Second Amendment so citizens may use guns for self-defense. Although many believed the Second Amendment does not grant citizens the right to bear arms‚ our Founders wrote the
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