has been. On Tuesday‚ the Supreme Court will consider whether law enforcement officers during an arrest may search the contents of a person’s mobile phone without a warrant. The court should recognize that new technologies do not alter basic Fourth Amendment principles‚ and should require a judicial warrant in such circumstances. The court is considering the issue in two separate cases. In one‚ Boston police officers arrested a man on drug charges and seized his flip phone. After seeing an incoming
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Dan Bummer ELAD 6073 School Law Karen Curtner October 20‚ 2012 “The Twenty Dollar Bill” The case study “The Twenty Dollar Bill” involves students and their Fourth Amendment rights. The Fourth Amendment to the U.S. Constitution states that citizens are free from unreasonable search and seizure from the government. However‚ school administration (an extension of government) does have the power to implement searches and seizures that may be outside of the constitutional scope in order to
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enforcement and the intelligence community to return to an era where they monitored and sometimes harassed individuals who were merely exercising their First Amendment rights. Nothing that occurred on September 11 mandates that we return to such an era." (Podesta‚ 2002) John Podesta was the White House Chief of Staff from 1998-2001 he states "Though it significantly expanded the government’s investigative authority‚ the USA PATRIOT ACT did not provide for the system of checks and balances that traditionally
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telephone (public pay phone) across state lines (Los Angeles to Boston and Miami) in violation of 18 U.S.C § 1084. The only evidence the FBI had was the calls they recorded with an attached electronic listening and recording device. The case was argued on October 17‚ 1967 and decided on December 18‚ 1967. Katz believe the FBI violated his Fourth Amendment and that is why the evidence should be suppressed. The Court of Appeals sided with Katz stating his Fourth Amendment violated. I. Does the right to
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Contributing Author: Bernard James Typographer: Kristene Kenney The National School Safety Center promotes school safety‚ improved discipline‚ increased student attendance‚ and the prevention of drug trafficking and abuse in schools throughout the United States. NSSC is funded by the U.S. Department of Justice in partnership with the U.S. Department of Education and Pepperdine University. As a national clearinghouse‚ the Center communicates the latest trends and effective programs in school safety to
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it was found unlawfully. The officer would have no incentive to comply with Fourth Amendment restrictions. The imprecise possibility of civil law suits or department discipline would not discourage the misconduct of the police. Allowing the illegally seized items into evidence and using it in the court and upholding convictions based on such evidence‚ the courts would condone unconstitutional activity. The Fourth Amendment would be effectively nullified. Finally‚ the exclusionary rule permits the
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Hindman‚ Stuart A. “Full-Body Scanners: TSA’s New ‘Optional’ System for Airport Searches.” Issues in Aviation Law and Policy 10.2 (2011): 337-366 Kornblatt‚ Sara. “Are Emerging Technologies in Airport Passenger Screening Reasonable under the Fourth Amendment? Loyola of Los Angeles Law Review 41 (Fall 2007): 385-412 Rosen‚ Jeffrey. “NO‚ Transportation Security is Invasive‚ Annoying—and Unconstitutional.” Insights on Law & Society 11.2 (2011): 17-18
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The first Fourth Amendment concern here is in the speed control drone that the police used to identify Kevin Kilgrave’s backpack. The drone‚ equipped with a high-resolution camera—one far more eagle-eyed than a human’s—discerned from afar that Kilgrave’s backpack bore images of yawning baby cats as Kilgrave was riding on public streets. Our Fourth Amendment inquiry is whether the police acquired this information via an unreasonable search. Katz v. United States (1967) guides our inquiry‚ and that
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Police-Corruption-And-The-Reasons-Behind&id=1159590 Fruit of the Poisonous Tree. Retrieved from http://www.uslaw.com/us_law_dictionary/f/Fruit+of+the+Poisonous+Tree Exclusionary Rule. Retrieved from http://caselaw.lp.findlaw.com/data/constitution/amendment04/06.html Fourth Amendment. Retrieved from http://www.lectlaw.com/def/f081.htm
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and Seizure‚ Arrest and Interrogation Search and Seizure The Fourth Amendment protects the right of people to be secure in their persons‚ houses‚ appears‚ 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. The Fourth amendment is a critical aspect to policing due to the fact that it structures
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