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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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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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‚ is only applicable
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When dealing with rights‚ laws‚ and amendments there will always be particular uncertainties‚ especially if they are in the best interest of the people. Amendments are meant to correct‚ provide change and make improvements for past amendments‚ making new ones more specific to each citizen that is involved. Amendments for the constitution involve making sure that rules and laws are put forth correctly and properly obeyed. Many amendments were made under the circumstances of the time period in which
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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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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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if he was very annoyed by me. My day ended like that. A very shocking‚ weird situation. I remembered a few months ago‚ we learned the Bill of Rights at school and that we have the right to be secure in our homes‚ and not be searched without a warrant. However‚ because of the change of the president‚ he got rid of that amendment which was the fourth amendment. The next day‚ something even more shocking and kind of terrifying thing happened. And this happened with my music teacher‚ Mrs. Bailing. During
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In school‚ student’s Fourth Amendment rights are limited. Teachers and school administrators are legally allowed to search students without a warrant. Student’s basic rights are being violated and it shouldn’t be legal. Their rights shouldn’t be limited because it invades student’s privacy. Also‚ these searches could be unreasonable and suspicion less. These students can be searched without a warrant. People in school shouldn’t have their rights limited and violated just because of suspicious teachers
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Dylan J. Lovas. HIST 3401. Professor Warren. Bill of Rights Report. · The Fourth Amendment protects American citizens’ “houses‚ papers‚ and effects‚ against unreasonable searches and seizures.” This means that if a government official or police officer wants to search your person or your property‚ he/she cannot do so without a judicial warrant and/or probable cause. · Back during the colonial era‚ King George would often give British soldiers “writs of assistance.” These were
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A critical point to be noted is that the Fourth Amendment only applies to government action‚ which includes deputized individuals or those acting at the direction/behest of law enforcement. Additionally‚ the Fourth Amendment requires not only an actual expectation of privacy‚ but also‚ a societally recognized‚ reasonable expectation of privacy in the place or area searched. The Fourth Amendment has been interpreted to: require that searches and seizures be reasonable; and prohibit warrants except
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