Introduction For more than a century‚ the 2nd Amendment has been at the forefront of political upheaval. Great politicians and lawyers such as‚ Joseph story‚ speaking on the preamble of the 2nd amendment‚ stating that the “true office” of the preamble “is to expound the nature and extent‚ and application of the powers actually conferred by the constitution‚ and to substantively create them” § 462 (F.B. Rothman 1991) (1833). What Story meant by this was that the preamble to the constitution only
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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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4th Amendment In the Constitution of the United States of America‚ the first 10 Amendments are called‚ “The Bill of Rights.” The fourth amendment states‚ “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.” To this
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Fifth Amendment The Fifth Amendment of the U.S. Constitution provides‚ "No person shall be held to answer for a capital‚ or otherwise infamous crime‚ unless on a presentment or indictment of a grand jury‚ except in cases arising in the land or naval forces‚ or in the militia‚ when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life; nor shall be compelled in any criminal case to be a witness against himself‚
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The Fifth Amendment In 1966‚ there was a supreme case called Miranda v. Arizona which the Supreme Court ruled that the fifth amendment privilege againest self incrimination requires law enforcement to advise a suspect that before a custodial interrigation‚ a suspect must be informed of both his or her privileges against incriminating oneself and to obtain an attorney. Miranda warnings must be given before any questioning by law enforcement officials. The fifth amendment was developed because the
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The First Amendment‚ along with the rest of the Bill Of Rights‚ was put into force on the 15th of December‚ 1791. The Bill of Rights declares ten Amendments that protect US citizens’ basic rights and civil liberties; one of which is the right to have freedom of speech‚ and gives the same to the Fourth Estate - the press and media. This Amendment also allows the people to assemble to protest‚ create petitions‚ and prohibits Congress to pass laws that establish
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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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The Fourteenth Amendment By a thirty-three to eleven vote‚ the Fourteenth Amendment was passed. Although‚ on July 9th‚ 1868 the Fourteenth Amendment was ratified to include‚ all natural born citizens as well as the protection of life‚ liberty and property. The purpose of the Fourteenth Amendment was to protect all the rights of the American people. There have been a few cases recently that were brought to the U.S. Supreme Court. One of the more recent U.S. Supreme Court cases is that of Obergefell
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Respondent. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF FLORIDA Syllabus The case present before us involves the constitutionality of a dog sniff in regards to the 4rth Amendment. The respondent claims that the police officer‚ a representative of the State of Florida lacked probable cause to search the vehicle. The dog used in the operation‚ Aldo was not reliable since his detector certification had expired. Also‚ the officer
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The Supreme Court has held that a search or seizure of a dwelling may be constitutionally defective if police officers enter without prior notice. The Amendment allows the subject of the warrant an opportunity to challenge the lawful authority of the warrant or to prevent its defective execution‚ such as when the wrong address is targeted or the subject no longer resides at the address. Section 213 of the
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