Although the 4th amendment has been ratified with the Bill of Rights‚ it still seems to be constantly evolving with current opinions of the Supreme Court. Even in recent years‚ it appears that there are more loopholes developing through court case precedents which allows law enforcement to seemingly disregard the 4th amendment almost completely. In this cartoon it can be seen that law enforcement is able to disregard a citizens privacy rights with the permission of the Supreme Court. The cartoon
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Alexis Crump Landmark Supreme Court Case: Washington V. Chrisman 11/29/9 Plaintiff: State of Washington Defendant: Chrisman Plaintiff’s Claim: The drugs that were collected in Chrisman’s dormitory room was legally obtained and could be used as evidence. Chief Lawyer for the Plaintiff: Ronald R Carpenter Chief Lawyer for the Defendant: Robert F Patrick Judges in Favor of the Court: Harry A. Blackmun‚ Sandra Day O’Connor‚ Lewis F. Powell‚ Jr.‚ William H. Rehnquist and John
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Bill of Rights-1791 In the United States‚ the Bill of Rights is the name by which the first ten amendments to the United States Constitution are known. They were introduced by James Madison to the First United States Congress in 1789 as a series of articles‚ and came into effect on December 15‚ 1791‚ when they had been ratified by three-fourths of the States. 11th Amendment-1795 The Eleventh Amendment to the United States Constitution‚ which was passed by the Congress on March 4‚ 1794 and
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The five Amendments made to the United States Constitution that are most applicable to Criminal Law are the Fourth‚ Fifth‚ Sixth‚ Eight‚ and Fourteenth Amendment. They are most applicable to Criminal Law because their purpose is meant to ensure that people are treated fairly if suspected or arrested for crimes. The Fourth Amendment protects people from unreasonable searches and seizures without a warrant. This also means that a person’s person‚ their home‚ as well as what is inside of their home
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The exclusionary rule is a term used to refer to the legal principle in the United Sates‚ which holds that evidence analyzed and collected in violation of a person’s constitutional rights. It is sometimes admissible for the persecution of criminal in the court of law. To protect the constitutional rights‚ an exclusionary rule might be considered as an example of a prophylactic rule which is created by the Judiciary. In most cases‚ it is used to protect the constitutional rights of a person such
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Last but not least‚ in our country‚ Article 5 of the Federal Constitution provides human rights to Liberty of the Person‚ however‚ some flaws in it should be reform or enforce by adopting the principle of constitutionalism (Mizan. N‚ 2014). In Article 5‚ no person shall be denied of his personal liberty (Federal Constitution‚ 2010)‚ the person in this subsection is referring to everyone‚ not only citizens. Beside‚ this right is interpreted in the case of Aminah v Superintendent of Prison. There is
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The Bastard The first Amendment of the United States Constitution protects the right to freedom of religion‚ freedom of speech‚ and freedom of expression from government interference. This is one of the most important amendments in the constitution and is what America is most proud of. However‚ these rights aren’t all they are cracked up to be. For example‚ censorship is very common and goes against the freedom of speech. Censorship has many different roles in society both in the past and
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State v. McNeely 358 S.W.3d 65 MO. (2012) Facts: The defendant was stopped by a Missouri state highway patrolman for speeding and during this stop the trooper noticed that the defendant was displaying all the tell-tale signs of being intoxicated; blood shot eyes‚ slurred speech‚ and the smell of alcohol on his breath. This stop then changed from being a speeding stop to a DWI investigation. The trooper had the defendant get out of his truck and perform standard field sobriety tests. The defendant
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In the case of State v. Rounds‚ the defense challenges the conduct of Officer Oliver Towns and the evidence his conduct yielded. The defense wages their action on three major cases‚ all of which apply‚ but none in the way cited: Riley V. California‚ 573 U.S. ____ (2014)‚ Wong Sun v. United States‚ 371 U.S. 471‚ (1963) and Carroll v United States‚ 267 U.S. 132 (1925). This case can be narrowed down to three stages: the stop‚ the search and the seizure. All of which‚ when performed‚ obeyed the limits
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Arlington Police Department obtained from both his home and work computers was inadmissible claiming an unlawful search and seizure in violation of the First and Fourth Amendments to the United States Constitution and article I of the Texas Constitution‚ Voyles filed a motion to suppress. The Fourth Amendment and Article I of the Texas Constitution provides that a defendant has standing to challenge the admission
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