The Fourth Amendment was introduced into the Constitution of the United States as a part of the Bill of Rights on September 5‚ 1789. It was a direct response to the abuse of the writ of assistance‚ which was a type of general search warrant used by the government during the American Revolution. (LAWS) The amendment was ratified on December 15‚ 1791. The Fourth Amendment reads: The right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures
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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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The first amendment: freedom of speech is violated with censorship. In the ALA Library Bill of Rights‚ parents‚ and only parents‚ have the right to prohibit or control what their children read. Freedom of expression and of opinion is for everyone‚ not just for the people that the majority thinks are right. In 1953‚ Supreme Court Justice William O. Douglas said‚ “Restriction of free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could easily defeat
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the second amendment which basically states an individual has the right to bear arms to protect themselves. When this right is taken away. The second amendment is like any other controversial topic becoming the talk of the town and no matter how you interpret it it will hurt someone’s beliefs and opinions. People believe the second amendment gives the right for anyone to bear arms no matter what the situation while others find that there are restrictions to the statement. The amendment states‚ “A
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In this essay I will be discussing The Fourth Amendment rights as they pertain to search and seizure‚ with and without warrants and why they are so important. The Fourth Amendment guarantees the right of the people to be secure by their persons‚ houses‚ papers and effects against unreasonable searches and seizures‚ shall not be violated and no warrants shall be issued but upon probable cause. Supported by oath or affirmation‚ and particularly by describing the place to be searched and
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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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and the supreme court considers us minors‚ privacy should be extended to students cellphones and lockers. The fourteenth amendment addresses all citizens the same rights and equal protection of the law including minors. The fourth amendment also states and proves the right of the people to be “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‚
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A Different Perspective on the Law The United States has had an effective law enforcement system for hundreds of years‚ which has revolutionized itself starting with the implication of the Constitution to the lawless west and effectively to where it is today. The American criminal justice system has many branches and occupations‚ all of which focus on a common goal of keeping our nation as safe as possible. In the following paragraphs‚ I will discuss an interview with a San Diego Police Officer
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Congress‚ but on prime time news networks is the passage of a Balanced Budget Amendment. A Balance Budget Amendment (as recently seen in House Bill HJR2‚ 28 NOV 2011) would require that Congress balance its budget every fiscal year unless a three-fifths majority of both houses approved of maintaining a deficit[1]. In a CNN Poll‚ conducted by ORC International‚ 74% of Americans surveyed would be in favor of a constitutional amendment to require a Balanced federal budget. So‚ why did it miss passing by the
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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” (Hudson‚ 2010‚ p.363). In this essay we will explore what is reasonableness under the Fourth Amendment. A discussion of consensual encounters vs. detentions concerning search
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