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” (Hudson‚ 2010‚ p.363). In this essay we will explore what is reasonableness under the Fourth Amendment. A discussion of consensual encounters vs. detentions concerning search and seizure‚ we will also discus important cases that shape the fundamentals procedures of search and seizure. According to Rutledge (2010) p.109‚ reasonableness may have up
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The 4th Amendment to the United States Constitution was introduced to Congress in 1789 by James Madison and is an extremely important amendment contained in the Bill of Rights‚ furthermore‚ this amendment prohibits unreasonable searches and seizures (Wikipedia‚ n.d.). “Moreover‚ the Fourth Amendment requires governmental searches to be conducted only upon the issuance of a search warrant‚ sanctioned by probable cause and supported by oath or affirmation‚” (Wikipedia‚ n.d.‚ p.1). The warrant requirement
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The Fourth Amendment to the Constitution states that people have the right "to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚" but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States
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The Fourth Amendment was introduced into the Constitution of the United States as a part of the Bill of Rights on September 5‚ 1789. It was a direct response to the abuse of the writ of assistance‚ which was a type of general search warrant used by the government during the American Revolution. (LAWS) The amendment was ratified on December 15‚ 1791. The Fourth Amendment reads: The right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures
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Throughout many years there has always been a debate about the infamous Second Amendment‚ which states from the constitution‚ “A well regulated Militia‚ being necessary to the security of a free State‚ the right of the people to keep and bear Arms‚ shall not be infringed.” Even till this day people argue whether or not people should have a right to own a gun. James Madison originally first proposed the Second Amendment on June 8‚ 1789 saying “The right of the people to keep and bear...arms shall
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America’s Second Amendment The text of the Second Amendment of America’s constitution is as followed “A well-regulated Militia‚ being necessary for the security of a free State‚ the right of the people to keep and bear Arms‚ shall not be infringed” (U.S. Const. amend. II). This small portion of text has been widely debated and analyzed over the years to determine exactly what it entails in order to discover what rights it actually grants United States citizens‚ if any. Over the course of our nations
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the second amendment which basically states an individual has the right to bear arms to protect themselves. When this right is taken away. The second amendment is like any other controversial topic becoming the talk of the town and no matter how you interpret it it will hurt someone’s beliefs and opinions. People believe the second amendment gives the right for anyone to bear arms no matter what the situation while others find that there are restrictions to the statement. The amendment states‚ “A
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The statement‚ “The Fourth Amendment protects people‚ not places‚” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses‚ papers‚ and defends them against unreasonable searches and seizures. However‚ to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant‚ give the government strict to stipulations as to how they are able to rightfully obtain information
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A Different Perspective on the Law The United States has had an effective law enforcement system for hundreds of years‚ which has revolutionized itself starting with the implication of the Constitution to the lawless west and effectively to where it is today. The American criminal justice system has many branches and occupations‚ all of which focus on a common goal of keeping our nation as safe as possible. In the following paragraphs‚ I will discuss an interview with a San Diego Police Officer
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The Evolution of the First Amendment The first amendment states‚ "Congress shall make no law respecting an establishment of religion‚ or prohibiting the free exercise thereof; or abridging the freedom of speech‚ or of the press; or the right of the people peaceably to assemble‚ and to petition the government for a redress of grievances.(encyclopedia) The inhabitants of the North American colonies did not have a legal right to express opposition to the British government that ruled them. Nonetheless
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