searches don’t occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests. Consenting to a search request automatically makes the search legal in the eyes of the law. And the 4th Amendment doesn’t require officers to tell you about your right to refuse. So if you’re pulled over‚ don’t try to figure out whether or not the officer has probable cause to legally search you. You always have the right to refuse search requests by stating
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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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of the 9th Amendment The 9th Amendment reads "The enumeration in the Constitution‚ of certain rights‚ shall not be construed to deny or disparage others retained by the people." In other words‚ people retain more rights than the ones listed in the Constitution. The 9th amendment is one the least referred to Amendments in decisions of the Supreme Court. People also say it is one of the most confusing‚ controversial and misunderstood Amendments to the Constitution. The 9th Amendment has an interesting
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The 25th amendment has been introduced to the list of the other amendments under the constitution in order to have plans organized in the chance that either the President or the Vice President can no longer perform their duties in the white house due to a health concern or in the case that one of them has died. This amendment has been divided into four different sections‚ each section represents the different successions that are taken in the certain circumstances that may occur. The first section
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25th Amendment The 25th amendment defines the succession of the president‚ and it ensures someone is always prepared to lead our government incase of tragedy. It also provides for the president’s removal if he/she is unable to act as president. It makes it clear who’s to be in charge in almost any given situation that may rise. The 25th amendment provides two remedies when a president is disabled. First: the president of his own volition may turn over the power of his office
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What is the 22nd amendment about? No person shall be elected to the office of the President more than twice and no person who has held the office of the President or even acted‚ as President for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. Why was the 22nd amendment proposed? What conflict does it address? An orderly transition of power was needed for George Washington to set the constitution
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The First Amendment The First Amendment to the U.S. Constitution is part of our countries Bill of Rights. The first amendment is perhaps the most important part of the U.S. Constitution because the amendment guarantees citizens freedom of religion‚ speech‚ writing and publishing‚ peaceful assembly‚ and the freedom to raise grievances with the Government. In addition‚ amendment requires that there be a separation maintained between church and state. Our first amendment to the United States Constitution
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IV Amendment The Constitution‚ through the Fourth Amendment‚ protects people from unreasonable searches and seizures by the government. The Fourth Amendment‚ however‚ is not a guarantee against all searches and seizures‚ but only those that are deemed unreasonable under the law. Whether a particular type of search is considered reasonable in the eyes of the law‚ is determined by balancing two important interests. On one side of the scale is the intrusion on an individual’s Fourth Amendment rights
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Preston Nguyen English 350 M-W 8:45-9:45 November 3‚ 2010 24th Amendment The amendment was one of the last legal vestiges of segregation that tried to keep the black population and the poor people from participating in the vote. As today‚ the 24th Amendment to the Constitution guarantees that no person can be denied the right to vote due to an inability to pay a tax prior to voting. The "poll tax" is now considered unconstitutional. The poll tax was levied on an individual used as a prerequisite
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The Fifth Amendment dates back to the 17th century‚ in England. They used it to protect their citizens. It was designed to protect us just like it protected the people in England. It protects us against government authority in a legal procedure. Amendment 5 states‚ “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
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