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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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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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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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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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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I. THE FOURTH AMENDMENT SHOULD CONTROL MALICIOUS PROSECUTION CLAIMS INVOLVING PRETRAIL DETENTIONS WITHOUT PROBABLE CAUSE Years ago this Court instructed that the Fourth Amendment should be used to analyze allegedly unconstitutional “detention[s] of suspects pending trial.” Gerstein v. Pugh‚ 420 U.S. 103‚ 125 n.27 (1975). Since then this Court has reaffirmed that the “detention of criminal suspects” is “governed by the provisions of the Fourth Amendment.” Albright v. Oliver‚ 510 U.S. 266‚ 274 (1994)
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the rights of the fourth amendment According to the United States Constitution‚ the Fourth Amendment gives US citizens a right “to be secure in their persons‚ houses‚ papers and effects‚ against unreasonable searches and seizures.” These rights limit the power of the government to seize and search people‚ their homes and their property. The courts have interpreted Fourth Amendment privacy rights by applying a “reasonable expectation of privacy” test‚ meaning individuals secure Fourth Amendment protection
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The 8th amendment to the constitution prohibits the government from inflicting cruel and unusual punishments because they exhibited an inhumane way of executing "inmates"‚ tortured their guilty victims to death and were considered to many as unjust. It also prohibits high bail or excessive fines against the defendant. However‚ it has also been deemed Unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment) to inflict physical damage on students in a school environment
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any Americans communications The Fourth Amendment protects your privacy‚ for instance the police cannot search personal properties. Due to the definition of "the right of the people to be secure in their persons‚ houses‚ papers‚” it makes people feel secure (Legal Information). In addition‚ it prevents all irrelevant searches that are not useful. On the other hand the Fourth Amendment makes it challenging for law enforcement to gather information. The Fourth Amendment is beneficial to citizens: it protects
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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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