doing this the courts have established certain criteria that they can follow in regards to searches of schools. The Supreme Court declared that the Fourth Amendment does apply in the school but‚ due to the fact that the schools interest is to maintain security‚ order‚ and provide a good educational environment the full protection of the 4th Amendment does not apply. (Ferdico‚ Fradella & Totten‚ 2009) The scopes of the searches are limited and should be reasonable in nature. Random searches
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The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. These
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The Fourth Amendment of the Constitution of The United States of America was added as part of the Bill of Rights on December 15‚ 1791. The Fourth Amendment deals with protecting people from searching their homes‚ and private property without properly executed search warrants. “Provides 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” (The History Behind the
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FIRST AMENDMENT The First Amendment outlines five of the most basic rights of any American: the freedom of religion and its practices‚ the freedom of speech‚ the freedom of press‚ the freedom of assembly‚ and the liberty to formally write requests to the government. SECOND AMENDMENT The Second Amendment simply gives Americans the right to keep and bear Arms. THIRD AMENDMENT The Third Amendment gives citizens the right to say no to housing soldiers when the country is not in war. This amendment
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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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In my opinion‚ I believe that the 4th amendment is both good and bad depending on the circumstances. Sometimes there are people who blatantly have drugs that the cops can’t frisk off until they have the warrant. By the time the police get the warrant‚ said suspect could have already gotten rid of the drugs. However‚ this also works the other way. Sometimes‚ the police search other people that they have false evidence on. Then this innocent person gets searched and it makes the searched person look
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This amendment is demolished the moment you step through the doors of an airport. Many people believe this to be an issue. The aviation and transportation security act poses a blanket that allows searches without cause as long as terrorism poses a risk. However
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An influential government philosopher John Locke once stated‚ “Government has no other end ‚ but the preservation of property.” The 4th amendment has an important part of protecting essential values. 4th amendment allows people to be secured in persons‚ houses‚ ext.Unless an issued search warrant ‚probable cause or reasonable suspicion. For instance a precedent is Katz v Ohio this shows that the government can go too far with their search and seizure procedure.Today there are many cases in which
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COMMON LAW ORIGIN OF THE 4TH AMENDMENT As is the case with the majority of the legal pronouncements that comprise the Bill of Rights‚ the Fourth Amendment is based on the English common law that was extant in England in the 1600s and 1700s. In fact‚ the Fourth Amendment was directly inspired by three British legal cases – two of which were adjudicated in England and one that was tried in the American colonies in the 1760s. The two cases tried in England‚ Wilkes v. Wood (1763) and Entick v
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