The Fourth Amendment addresses the right of the person to be secure in their person‚ house‚ papers‚ and effects‚ against unreasonable searches and seizures‚ and warrants as they relate to probable cause (2012). Specifically‚ the procedural rights of the fourth amendment require law enforcement to follow guidelines regarding the search and seizure of persons and property and address the steps for illegally obtained evidence. Searches‚ defined as the exploration or inspections of homes‚ offices
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The fourth amendment is the protection from unreasonable search and seizure unless probable cause is present and in most cases‚ a warrant is issued. This amendment was included in the Declaration of Independence due to searches that the colonists were subjected to. The colonists did not want to pay the taxes being enforced by the King‚ so they began to smuggle goods into the United States via boat. The King of Britain obviously did not agree with this‚ so he sent British ships that could stop and
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to the rules and regulations‚ or rather; laws that police officials must abide by when executing their duties. These rules and regulations include search and arrest warrant in addition to protocol that the Courts oversee for public search and arrest. There are certain requirements that must be met by an officer in order to obtain a warrant. Such must be done in a manner in which is appropriate and consistent with the law as opposed to the opposite which happens so often when officers decide to
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Robert Jones Unit 3 Assignment Fourth Amendment 1/13/2015 IS3350 Mr. Pragel The Fourth Amendment of the United States Constitution requires that no law enforcement official has the right to carry out search or seizure unless a warrant has been first issued by a judge. 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.
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For Sigmund Freud‚ the founder of psychoanalysis‚ our personality is rooted in the dynamics of our unconscious; all the ideas‚ thoughts‚ and feelings of which we are normally unaware. Freud identified sexual and aggressive instincts as the primary unconscious drives that determine human behavior. According to Freud‚ personality is made of three structures: the id‚ the only personality structure present at birth‚ operates in the unconscious according to the pleasure principle‚ meaning it tries to
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The fourth amendment was created by experience‚ unwanting of a rebellion‚ and more freedom than the british offered when the U.S. were colonies. “The first colony to pass a law against this practice was Massachusetts circa 1756. A great deal of strife ensued‚ and in what was telling about the practice‚ the King’s top lawyer‚ James Otis‚ resigned in opposition to the practice of general warrants”(Why Do We Have The Fourth Amendment?). This shows that even when they were colonies they had the determination
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THE HISTORY AND SIGNIFICANCE OF 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." -Fourth Amendment to the United States Constitution (4) A search as described in the Constitution
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protection from corrupt police and government officials. A common Amendment that most Americans don’t realize we have is the Fourth amendment. The Fourth Amendment gives us protection against arbitrary searches and seizures without a proper warrant. It was first used to prevent the use of writs of assistance which is blanket search warrants with which the british custom officials had invaded homes to search for smuggled goods. As the fourth amendment has changed and evolved in its meaning over time‚ many
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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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As of today‚ the Constitution’s Fourth Amendment remains fair. The U.S‚ Constitution’s Fourth Amendment protects personal privacy and the right to be free from unreasonable search and seizure. Full body scans at airports are reasonable because of what has happened with terrorism in the U.S. in the past. Failing to carry out a warrant correctly results in consequences. The Fourth Amendment protects the people’s safety and rights. It protects people because if a person gets searched with probable
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