the area of civil rights law as well as in the area of civil liberties—specifically‚ the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969‚ the Warren Court examined almost every aspect of the criminal justice system in the United States‚ using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights. During those years‚ cases concerning the right to legal
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following: • Search a home suspected of containing marijuana: If the police suspect that a home contains marijuana‚ they must first obtain a search warrant under the Fourth Amendment‚ unless there are exigent circumstances such as destruction of evidence‚ hot pursuit‚ or some other exception that applies. Although the Fourth Amendment protects a man’s home‚ neither the home nor all the surrounding objects are beyond the capacity of being searched under proper circumstances. If the police officers
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Cybercrime Case Study Paper The Fourth Amendment can be applied to the Internet‚ computer‚ and cybercrimes‚ but it must be done very carefully. The protections that are granted by the Fourth Amendment should depend on the data. If the data is content‚ which means any kind of communications such as email‚ or any remotely stored files on a computer system‚ then the information is protected by the Fourth Amendment. However‚ if the data is non-content information‚ such as IP address and email addresses
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In this examination of United States v. Warshak 631 F.3d 266 (6th Cir. 2010)‚ the primary focus will be on the constitutional issues regarding this case. First‚ an analysis of the defendant’s expectation of privacy‚ regarding e-mail communication. Next‚ an examination of the government argument concerning the potential invasion of the defendant’s Fourth Amendment right to privacy. Finally‚ an analysis of the case’s conclusion‚ and how the Stored Communication Act factored into the constitutionality
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contacting the school district’s legal department because I am aware that Essex factually stated that “the Fourth Amendment of the U.S. Constitution provides protection of all citizens against unreasonable search and seizure” (2011). I am also aware that “the major challenge facing school personnel involves the task of delicately balancing the student’s individual right to Fourth Amendment protection against the school’s duty to provide a safe and secure environment for all students” (2011). Because
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by law enforcement. Racial profiling is a form of discrimination‚ in which someone is discriminated against based on race‚ ethnicity‚ religion‚ or nationality. Racial profiling is an issue because it infringes upon an individual’s 4th and 14th Amendment‚ it wrongly accuses and targets minorities‚ and it prevents law enforcement from serving the entire community. Another issue in the criminal justice system is prison violence and overcrowding. Prison violence is a common issue among prisons everywhere
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PRO Resolution------------------------------------------------------------------------------------------------------------------ Resolved: The benefits of domestic surveillance by the NSA outweigh the harms. Contentions----------------------------------------------------------------------------------------------------------------- Contention 1: NSA domestic surveillance stops terrorism. Impacts a. As a result of globalization and the information revolution‚ the trend of terrorism in the 21st century
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Terry v. Ohio was a court decision made in 1968 that still affects how police conduct their operations to this day. This case gave special liberties to police officers which would otherwise be in conflict with the Fourth Amendment. The Fourth Amendment states " the right of the people to be secure in their persons‚ house‚ papers‚ and effects‚ against unreasonable searches and seizure‚ shall not be violated‚ and no Warrants shall issue‚ but upon probable cause‚ supported by Oath or affirmation‚ and
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Florida v. Bostick Citation # 501 U.S. 429 Supreme Court of the United States Argued February 26‚ 1991 Decided June 20‚ 1991 Florida v. Bostick was a felony drug trafficking case which set precedence to the legality of random police searches of passengers aboard public buses and trains pertaining to said passenger’s fourth amendment rights. Shortly after boarding a bus departing from Miami headed for Atlanta‚ Terrance Bostick was approached by members of the Broward County Sheriffs
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THE APPLICATION OF PRIVACY LAWS TOPIC READING: City of Ontario‚ California‚ et al. v Quon‚ et al. 560 U.S.___(2010) DISCUSSION QUESTIONS: 1. What were the material facts of City of Ontario‚ California‚ et al. v Quon‚ et al. (Ontario v Quon)? Petitioner Ontario (hereinafter City) acquired alphanumeric pagers able to send and receive text messages. Its contract with its service provider‚ Arch Wireless‚ provided for a monthly limit on the number of characters each pager could send
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