If an individual is driving and is asked for DUI test‚ he/she must cooperate and allow the officials to take the test. Since‚ you are driving in the public road and it’s a matter of public’s safety‚ the fourth amendment cannot protect an individual from the DUI test without any warrant. So‚ if any individual is suspected to be under influence or any drug or alcohol in a public road‚ the officials can easily ask for DUI test and if the BAC level of higher than
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by our founding fathers. This document has been the topic of many heat debates and has gone through many changes and interpretations throughout the years. The forth amendment of the constitution is one of the most debated amendments. This is the amendment that covers the area of search and seizure as well as privacy. 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
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CJA 364 Criminal Procedure Search and Seizure The Fourth Amendment was set in place to protect society from unlawful police work. When it comes to apprehending criminals and ensuring their conviction‚ evidence needs to be gathered before hand. To do so‚ there is a lengthy process to be followed; the search and seizure method‚ the arrest‚ reasonableness‚ and right of privacy methods. However‚ there are laws that can protect officers in the line of duty or make accommodations
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protected area" in violation of the Fourth Amendment. The federal agents countered by saying that a public phone booth was not a "constitutionally protected area‚" therefore‚ they could place a wiretap on it without a warrant. IV. Issue: Does the warrantless wiretapping of a public phone booth violate the unreasonable search and seizure clause of the Fourth Amendment to the United States Constitution? Answer: Yes V. Arguments for both sides: Defendant: The 4th Amendment requires that a warrant be issued
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his Fourth Amendment rights were violated. Peter Cruman‚ a high school student‚ was accused of being involved in a Facebook group whose goal was to traffic Marijuana on school grounds. An anonymous tip was given to the principal and because of the information received‚ Cruman was questioned in the principal’s office for 2 1/2 hours‚ until he agreed to sign into his Facebook account on the Principals computer. Once Cruman allowed the principal access to his Facebook account‚ Crumans Fourth Amendment
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Terry vs. Ohio Introduction to Criminal Justice By Leann Rathbone 9/12/06 Terry vs. Ohio is a landmark case that was brought to the Supreme Court. It started on October 31st‚ 1963‚ in Cleveland‚ Ohio‚ when a police officer named Martin McFadden observed two men standing outside a store front window. He watched one of the men walk down the street pausing to look into the store window when he reached the end of the street the man turned around and proceeded to walk back‚ pausing at the same
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Exclusionary Rule Analysis The Fourth Amendment to the U.S. Constitution states that “[t]he right of 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” (U.S. Const. amend. IV). When the Fourth Amendment rights of citizens are violated‚
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The Constitutionality of the Stop and Frisk The Fourth Amendment of the United States Constitution guards against unreasonable searches and seizures. It also states that no warrants shall be issued without a probable cause. Modern jurisprudence has afforded police officers an incentive to respect the amendment. The Stop and Frisk law allows police officers to stop someone and do a quick search of their outer clothes for weapons if the officer has a reasonable suspicion that a crime has or is
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References: Does the USA Patriot Act dimish civil liberties. (2008‚ 07 16). Retrieved from procon.org: http://aclu.procon.org/view.answers.php?questionID=000716 First Amendment of the Bill of Rights to the United States Constitution Hamilton‚ S. (2011‚ 8 28). How The Patriot Act Violates Virtually The Entire Bill of Rights (How Many Congressmen Have Introduced Bills to Repeal This Unconstitutional Horror? -ed). Retrieved
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Amicus Brief May it Please the Court‚ This brief is in regards to the Bristol School District and their policies. A seventeen-year old student‚ Suzie‚ attended Central High School in Bristol‚ Virginia. During Suzie’s relationship with her boyfriend‚ Cyrus‚ she sent him some very revealing photographs of herself. After their relationship ended‚ Cyrus forwarded some of the most revealing photos to upper classmen in the school. This began to draw unwanted attention to Suzie. It became such a disruption
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