on her child. Standard procedure would be to give Gail a minor misdemeanor but instead the officer arrested her. The court defended that Atwater did not prove that any constitutional rights had been broken. The 4th amendment was the right being broken in this case. In the 4th amendment “Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate.” According to the state laws‚ ATwater should have
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propelled by politics. The 5th amendments addition to the constitution in 1870‚ direct disenfranchisement was no longer permitted. Southern whites constructed alternative techniques in order to accomplish their goal— to silence black voices during elections. These methods included literacy test‚ electoral fraud (ballot stuffing)‚ poll taxes‚ the grandfather clause and violence. The Process of Reconstruction lasted from 1863 to 1877. In 1868 the addition of the 14th Amendment granted former slaves their
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Most people‚ without even knowing it‚ are frequently protected‚ or using‚ the Bill of Rights in their everyday lives. The amendments that affect my life the most are the 1st‚ 4th‚ and 9th where as the 7th‚ 6th‚ and 5th are not as relevant. The first amendment protects my freedoms of expression; religion‚ assembly‚ petition‚ press‚ and speech. The most used freedom of expression in my life is freedom of speech‚ the right to express my opinion in a peaceful way. Being able to say what I believe about
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two-fold requirement discussed in Katz v. United States‚ for analyzing when a search occurs under the 4th Amendment. According to Justice Harlan concurring opinion in Criminal Procedures‚ the understanding of the 4th Amendment is that its protection is for people and not places. Therefore‚ he proceeds to give the explanation of the ‘two fold requirement’ for searches that occurs under the 4th Amendment while analyzing the Kat v. United States. “Firstly‚ did a person exhibited an actual (subjective)
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1st and 5th Amendments are two of the most important ones from the Bill of Rights. Each one signifies an important piece of the United States in keeping American citizens safe and sound‚ and giving them a feeling of security and/or comfort. The 1st Amendment is the freedom of speech. This allows Americans to express their political‚ religious‚ and any other kind of idea of expression to others in a non-violent manner. Such as peaceful protests‚ religious expression‚ etc. The 5th Amendment basically
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The 4th Amendment is a security blanket for those who were wrongfully suspected of being guilty. The Amendment states that one is safe in their own house‚ with their own property until the authority can provide a warrant. So where was the 4th Amendment when the Japanese were pushed out of their homes and into internment camps? The words of a man who experienced this atrocity first hand‚ George Takei‚ only further proves that the Japanese were denied this Amendment‚ “[American soldiers] stomped up
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accounts. Some people say looking through social media pages to detain or punish people violates the 4th amendment which prohibits unreasonable searches and seizures. And others say getting people in trouble for what they post on social media violates their 1st amendment rites of freedom of speech. There was a court case called Morse v. Frederick about the 1st amendment which ruled that the 1st amendment does not prevent educators from suppressing students promoting illegal drug use at or near the school
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Although the 4th amendment has been ratified with the Bill of Rights‚ it still seems to be constantly evolving with current opinions of the Supreme Court. Even in recent years‚ it appears that there are more loopholes developing through court case precedents which allows law enforcement to seemingly disregard the 4th amendment almost completely. In this cartoon it can be seen that law enforcement is able to disregard a citizens privacy rights with the permission of the Supreme Court. The cartoon
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doing this the courts have established certain criteria that they can follow in regards to searches of schools. The Supreme Court declared that the Fourth Amendment does apply in the school but‚ due to the fact that the schools interest is to maintain security‚ order‚ and provide a good educational environment the full protection of the 4th Amendment does not apply. (Ferdico‚ Fradella & Totten‚ 2009) The scopes of the searches are limited and should be reasonable in nature. Random searches are
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Fourth Amendment Debate is this tantalizing? The government official does not have the right to go on the man’s property without a warrant. In 4th Amendment‚ it specifically says “ 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” it means that a government official can not go on your property‚ car or phone without probable cause. According to the second video
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