Should evidence that was obtained illegally or in violation of human privacy be admissible in court? The Exclusionary Rule in the United States protects the privacy of citizens‚ and evidence proved to be obtained in such a manner is not admissible. However‚ this rule has stirred up a lot of controversy in the United States and not all countries have the same perspective on this issue. In Europe‚ The European Court of Human Rights holds a slightly different position on the rights people have and the
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American government surveillance is the monitoring of a person or group‚ more often a suspect or criminal‚ by the American government or American security agencies. Government surveillance has always been a part of our society‚ but has increased drastically due to the uprise in terrorist attacks and public violence. Due to government surveillance and U.S. database intruders‚ innocent American citizens are being deprived of their privacy. Therefore‚ mass surveillance should be limited and not exceed
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warrantless search or whether a defendant’s previously stated objection‚ while physically present‚ to a warrantless search is a continuing assertion of Fourth Amendment rights which cannot be overridden by a co-tenant. Fernandez argued that‚ under the Supreme Court’s holding in Georgia v. Randolph (2006) and the Ninth Circuit’s holding in United States v. Murphy (2008)‚ the evidence found in the search should have been suppressed. The California Court of Appeal upheld the trial court’s admission of
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Mincey v Arizona 437 US 385 (1978) Court History The Appellant was charged with possession of marijuana and drug paraphernalia. The defendant was convicted in an Iowa District Court; the Iowa Supreme Court affirmed the lower courts decision. The United States Supreme Court granted cert. Facts During a narcotics raid on petitioner’s apartment by an undercover police officer and several plainclothes policemen‚ the undercover officer was shot and killed‚ and petitioner was wounded‚ as were two other
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or property without a search warrant. There have been ongoing debates and revisions on the legal requirements and circumstances under which it is necessary to obtain a search and seizure warrant before crime scene processing. According to the Fourth Amendment search and seizure requirements‚ a warrant is required any time a reasonable expectation of privacy exists. Therefore‚ in an effort to protect the right of the people and their belongings against unreasonable search and seizures and up hold
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statutes‚ exclusion of evidence was not the remedy because the Fourth Amendment’s requirement for probable cause was satisfied. Moore appealed to Virginia’s Supreme Court after this. The Supreme Court overturned the conviction on the grounds of the arrest was unlawful and there was no right to search Moore. There were several other cases that were used and helped Moore. Two of them that the court used were Knowles v. Iowa and United States
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enforcement officers face danger while carrying out their responsibilities. When dealing with a dangerous-or-unpredictable-situation‚ police officers usually have very little time to assess it and determine the proper response (Use of Force‚ 2010). The United States Commission on Civil Rights has stated “…in diffusing situations‚ apprehending alleged criminals‚ and protecting themselves and others‚ officers are legally entitled to use appropriate means‚ including force” (Use of Force‚ 2010). The IACP or International
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the container is not allowed to be searched under the Fourth Amendment unless someone had the opportunity to conceal contraband. The State of Wyoming was then granted certiorari. ISSUES: 1. Whether a search of a purse found inside a car violated the 4th Amendment when the search was of a passenger’s belongings inside a car where there was probable cause to believe the car contained contraband. COURT DECISION: Reversed for the State RATIONALE FOR THE DECIOSION: by Justice Scalia 1.
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Facebook. The school saw this as an act of bullying and punished her so issues kept happening with the girl the girl was suspended‚ the girl sued the school for violating her first amendment (freedom of speech)‚ and her fourth amendment (unreasonable search and seizure). Therefor the ACLU (American Civil Liberties Union) states that the school was wrong and they have no right to punish off of school property. I stand for the girl; the school has no right to do what they did. In this case the girl was
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thermal imaging scans needed a warrant and if they violated his fourth amendment rights. Based on evidence from Documents A‚ B‚ C‚ E and F‚ the government did not exceed their authority. The scan did not invade DLK’s privacy‚ the heat emitted was into a public space‚ and there was probable cause to prompt the use of the imager to collect information prior to a
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