The first sentence of Chief Justice Warren’s opinion in Terry v Ohio‚ is as follows: "This case presents serious questions concerning the role of the Fourth Amendment in the confrontation on the street between the citizen and the policeman investigating suspicious circumstances.” According to Chief Justice Warren this issue had never been approached in the Supreme Court. Warren also stated “This case is dealing
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Riley’s phone. The data found in Riley phone were images of gang’s signs and believed to be in a part of a gang. Riley went to try to suppress all evidence the officer had got from searching his phone on the grounds that the search had violated his fourth amendment rights. However the trial court denied his argument and stated the incident was legitimate to arrest‚ Riley was convicted. In the case Riley v California the court made the decision that the police must have a warrant in order to search cell
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There have been 74 school shootings in the United States since the Sandy Hook shooting. This number is extremely high and causes heartbreak to our country; students deserve to attend school with no fear. Security guards and rules are not enough. Targeted bookbag and locker searches should be allowed because it would lower the amount of deaths and injuries in schools‚ lowers the amount of drug use in schools‚ brings a positive look to schools‚ and communities. Believing that these searches or maybe
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parents feel that this would be a violation of students rights as Americans‚ which is true. A basic argument for the anti drug testing is the simple fact that random drug testing in schools would be an invasion of privacy. The fourth amendment to our constitution which 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
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EXCLUSIONARY RULE § 7.01 General Rule Evidence gathered in violation of the Fourth Amendment is not admissible in a criminal trial against the defendant. § 7.02 Exceptions to the Exclusionary Rule [A] Non-Trial Criminal Proceedings Illegally seized evidence may constitutionally be introduced in a variety of non-trial criminal proceedings including: grand jury proceedings‚ preliminary hearings‚ bail proceedings‚ sentencing‚ and proceedings to revoke parole. [B] Impeachment
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overview of the controversial sections of the USA Patriot Act as it relates to the First Amendment‚ Fifth Amendment‚ Sixth Amendment and Eighth Amendments of the Constitution. In addition this Thesis will summarize the Controversial sections of the Military Authorization Act which goes into effect May‚ 3 2012. Both Acts appear to violate many of the basic principles that have been articulated in the U.S. Constitution‚ particularly within the Bill of Rights. In the wake of the worst terrorist attacks
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United States v. Jones‚ United States Supreme Court (2012) 132 S. Ct. 945 Facts of the Case Respondent Jones was a subject of a Government investigation in part of a much larger drug trafficking conspiracy. As part of the investigation‚ FBI agents had obtained a court order to place a GPS tracking device on a vehicle driven by Jones – a Jeep registered to Jone’s wife. The court order was issued in the District of Columbia and was set to expire 10 days after it was signed by the judge. On Day
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On May 12‚ 2016 the court case Binks/McKay vs the United States challenged the idea of the Fourth Amendment. The case explains the situation between Binks and McKay‚ who claimed that the FBI violated their Fourth amendment rights when the FBI searched through their Facebook messages after being suspected of being terrorists. This occured when Binks and McKay were discovered to have been communicating with a supposed ISIS member. They had claimed to have no intentions of joining the terrorist group
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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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Cause Article Jason Martin CJA/364 October 13‚ 2014 A. Zimmer Probable Cause Article We have already gone over the exclusionary rules associated with unwarranted searches and seizures‚ now we need to look at warranted searches and seizures. The Fourth Amendment requires that no warrants be issued unless based on probable cause by a sworn Affirmation‚ this applies to all warrants whether they are for search or seizure. In order to understand the concept behind warrants‚ we must also understand probable
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