exclusionary rule is required under the Fourth Amendment. “In all cases‚ the search must be conducted when there is probable cause. If an officer fails to execute a warrant before probable cause has dissipated‚ then any resulting search is violative of the Fourth Amendment‚ and the fruits thereof are subject to the exclusionary rule. This is true even if the search is conducted within the period of time set by law” (Hall‚ 2014‚ p. 411) The Fourth Amendment‚ or the Bill of Rights for that matter
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things to be seized‚” (Bill of Rights). The Fourth Amendment states that people have the right to not have their persons or homes be searched by the government; however‚ this is not the case in today’s society. Even with this amendment‚ the police still refuse to confine to the rights of this amendment. In investigating the justifications of the Fourth Amendment in the Bill of Rights‚ one can conclude that the evaluations of the history of the Fourth Amendment has changed in modern applications and the
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“Evolution of the Fourth Amendment” Week Six Assignment Criminal Law By Robert Schmitz 10/13/2013 The fourth Amendment of the United States Constitution states that every person has the right to “be secure in their persons‚ houses‚ papers and effects against unreasonable search and seizure.”(Brooks). However‚ this right was not always protected in court‚ criminal defendants would have to sit and watch as evidence was still
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The fourth Amendment has been an Amendment that has caused some controversy over the centuries. A fourth Amendment issue that has been persistent is the use of warrants and when they are necessary. During the prohibition era a certain case‚ Carroll vs the United States‚ federal agents had suspicion to believe he was selling liquor when at that time the distribution of alcohol was illegal. Federal agents that had been investigating him have spotted him driving on the highway and decided
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Define the word “leadership”. How would you characterize yourself as a leader? John Maxwell once said‚ “a leader is one who knows the way‚ goes the way‚ and shows the way.” Leadership is the responsibility to be able to guide and inform those around you. It can developed from influence‚ but has to be earned. As Maxwell suggests‚ becoming a leader does not need a specific title‚ leaders lead by example. One may become a leader in their community‚ their school‚ and even their family‚ all without
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What is the 4th Amendment? The 4th Amendment is part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. What are some concerns a crime scene investigator or detective should be aware of? Some concerns a crime scene investigator should be aware of include paying attention to details and watching their surroundings. Photography everything because you can never have too many photos‚ take
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Today’s application of the Fourth Amendment would surprise those who drafted it and not just because they could not imagine technologies like the Internet and drones. In the eighteenth and early nineteenth centuries‚ policing consisted of citizen patrols or a loose collection of sheriffs and constables‚ who lacked the tools to maintain order as the police do today. That said‚ to determine if the right to privacy is a threat to our national security‚ I reviewed the Fourth Amendment‚ the government’s use
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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
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Common law 1 Common law Common law‚ also known as case law or precedent‚ is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law‚[1] on the principle that it is unfair to treat similar facts differently on different occasions.[2] The body of precedent is called "common law" and it binds future decisions. In cases
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evidence. The New Jersey Supreme Court then reversed the decision and ruled that the exclusionary rule of the Fourth Amendment applies to the searches and seizures made by school officials. The case then went to the United States Supreme Court. The first thing the U.S Supreme Court did was ordered to rehear the argument about the question of whether the assistant principal violated the Fourth Amendment in T.L.O’s case. After rehearing the argument the court in a 6-3 decision written by Justice Byron R. White
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