Robert Jones Unit 3 Assignment Fourth Amendment 1/13/2015 IS3350 Mr. Pragel The Fourth Amendment of the United States Constitution requires that no law enforcement official has the right to carry out search or seizure unless a warrant has been first issued by a judge. The exceptions are: searches with consent‚ frisks‚ plain feel/plain view‚ incident to arrest‚ automobile exceptions‚ exigent circumstances and open fields‚ abandoned property and public place exceptions (Harr‚ Hess‚ 2006‚ p.
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look in further to the rules and regulations‚ or rather; laws that police officials must abide by when executing their duties. These rules and regulations include search and arrest warrant in addition to protocol that the Courts oversee for public search and arrest. There are certain requirements that must be met by an officer in order to obtain a warrant. Such must be done in a manner in which is appropriate and consistent with the law as opposed to the opposite which happens so often when officers
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As of today‚ the Constitution’s Fourth Amendment remains fair. The U.S‚ Constitution’s Fourth Amendment protects personal privacy and the right to be free from unreasonable search and seizure. Full body scans at airports are reasonable because of what has happened with terrorism in the U.S. in the past. Failing to carry out a warrant correctly results in consequences. The Fourth Amendment protects the people’s safety and rights. It protects people because if a person gets searched with probable
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The fourth amendment was created by experience‚ unwanting of a rebellion‚ and more freedom than the british offered when the U.S. were colonies. “The first colony to pass a law against this practice was Massachusetts circa 1756. A great deal of strife ensued‚ and in what was telling about the practice‚ the King’s top lawyer‚ James Otis‚ resigned in opposition to the practice of general warrants”(Why Do We Have The Fourth Amendment?). This shows that even when they were colonies they had the determination
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protection from corrupt police and government officials. A common Amendment that most Americans don’t realize we have is the Fourth amendment. The Fourth Amendment gives us protection against arbitrary searches and seizures without a proper warrant. It was first used to prevent the use of writs of assistance which is blanket search warrants with which the british custom officials had invaded homes to search for smuggled goods. As the fourth amendment has changed and evolved in its meaning over time‚ many
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THE HISTORY AND SIGNIFICANCE OF THE FOURTH AMENDMENT "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 to the United States Constitution (4) A search as described in the Constitution
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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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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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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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