Fourth Amendment Ashley J. Peterson Constitutional Law Steve Areges Kaplan University 1/13/2010 Fourth Amendment The Fourth Amendment is important not only to the citizens but for our law enforcement as well. The Fourth Amendment is still evolving today‚ as common and statutory laws change so does our Fourth Amendment. This amendment has come a long way and will continue to serve us in our best interests for as long as we live‚ whether we agree of disagree. “The right of the people
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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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been able to fathom the modern men of zeal fighting the “War on Terror”. The modern era has carried questions of how far the Fourth Amendment and the right to privacy should and does extend to protect the rights of the individual. With advancing technology‚ there are more legal lines to be drawn in the sphere of privacy as well as determining how far the Fourth Amendment extends. Some of these topics include government watch lists‚ mass
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Not all people feel secure and safe in the United States‚ but something that helps people feel more secure is the fourth amendment‚ which prohibits search and seizure of a person or property without a warrant. The amendment preserves the privacy of the people because it makes sure that no one can just search you or your house‚ unless of course‚ there is a good reason. The fourth amendment also protects peoples’ personal property because‚ there must be a warrant before investigators can touch a person’s
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“The Fourth Amendment of the U.S. Constitution provides‚ 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‚” n.d.‚ para .1). In this case‚ school officials had reason to believe a physical education
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government as well. One of these controlling factors is the Fourth Amendment‚ which protects our citizens and visitors from an array of items. A few in particular would be; right to privacy‚ search‚ and seizure. The Fourth Amendment also sets the tone for how arrests are affected and how reasonableness is weighed on heavily. The Fourth Amendment grants American citizens protection from illegal searches and seizures. The Fourth Amendment is designed to protect the right to privacy
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Abstract This paper will investigate the fourth amendment‚ unlawful search and seizure‚ and will explain what is considered to be unlawful and what is not. This paper will also discuss the right of privacy that Americans are entitled to as citizens of the United States. Events that have marked history in regards to the fourth amendment will also be explored‚ explaining the nature of searches and the key components that coincide. The court ruling in the historic case of Arizona vs. Gant will be
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Please read: a personal appeal from Wikipedia founder Jimmy Wales Read now Fourth Amendment to the United States Constitution The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures‚ along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance
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in the trial. Procedural History: Kratz moved to have the evidence squashed under the fourth amendment‚ but was denied. Kratz appealed to the appeals committee stating evidence was admissible because there was no entrance into his home to get the recordings Issue: Is the government’s evidence enough that a jury could‚ without a reasonable doubt‚ charge Kratz with the crime at hand? Rule: The fourth amendment protects against unlawful searches and seizures‚ and follows a person not a place. Analysis:
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The Fourth Amendment The Fourth Amendment of the United States of America constitution reads as follows; 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. It was ratified into the Bill of Rights on December 15th‚ 1791
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