supervisor direct local police investigators to search his personal vehicle which is parked on the Company parking lot? When it comes to search and seizure of personal property‚ law enforcement is required to abide by the U.S. Constitution‚ in particular the Fourth Amendment. The Fourth
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writing for the majority‚ said police officers do not violate the Fourth Amendment’s ban on unreasonable searches by kicking down a door after the occupants of an apartment react to hearing that officers are there by seeming to destroy evidence. In dissent‚ Justice Ruth Bader Ginsburg wrote that the majority had handed the police an important new tool. “The court today arms the police with a way routinely to dishonor the Fourth Amendment’s warrant requirement in drug cases‚” Justice Ginsburg wrote
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violated the 4th amendment‚ which states that “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 on the other hand‚ the state of Ohio said that the Bill of Rights only limits the National Government‚ not state power‚ and that even though the Bill of Rights were instituted into state law through the “Due Process Clause” in the 14th amendment‚ it doesn’t guarantee 4th amendment protections. When
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Arizona v. Rodney Joseph Gant 1. Heading a. Arizona v. R. Joseph Gant‚ Supreme Court of the United States‚ 2009 (April 21‚ 2009) 2. Statement of Facts a. Tucson‚ Arizona police officers acted on an anonymous tip that the residence at 2524 N. Walnut Ave was being used to sell drugs. The door was answered by Rodney Gant‚ who after a records check‚ revealed that Gant’s driver’s license had been suspended and there was an outstanding warrant out for his arrest for driving with a suspended license
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May it Please the Court‚ A seventeen-year old student at Central High School in Bristol‚ Virginia by the name of Suzie sent her boyfriend‚ Cyrus‚ inappropriate photographs of herself. Once the relationship ended Cyrus sent the photographs to upperclassmen boys at their high school. The boys are now noticing Suzie for ways that both Suzie as well as her parents are not okay with. To attempt to eliminate the problem Suzie’s parents included Mrs. Sheevers‚ the school Principal‚ in the problem. After
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The First Amendment to the United States Constitution protects five fundamental freedoms: religion‚ speech‚ press‚ assembly‚ and the right to petition the government for redress of grievances. These freedoms collectively form the bedrock of individual liberty‚ creating an environment where citizens can express themselves‚ participate in civic life‚ and hold their government accountable. Freedom of religion ensures that individuals have the right to practice their faith or choose not to‚ without interference
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incriminating evidence was admitted at the trial over defense objections. Appellate Procedure: The respondent appealed his conviction‚ claiming that the fingernail scrapings were the product of an unconstitutional search under the Fourth and Fourteenth Amendments. The Oregon Court of Appeals affirmed the conviction‚ 465 P.2d 900‚ and the U.S. Supreme Court denied certiorari‚ 400 U.S. 944. Murphy then commenced the present action for federal habeas corpus relief. The District Court‚ in an unreported
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The Exclusionary Rule and Civil Liability Mark McCormick Kaplan University CJ-299 Professor Donna Yohman August 30‚ 2014 In 1914‚ Weeks v. United States was decided by the Supreme Court. In Weeks‚ the Court made a landmark decision relating to illegal search and seizure by law enforcement called the Exclusionary Rule. The Exclusionary Rule provided that evidence “illegally seized by law enforcement officers in violation of a suspect’s right to be free from unreasonable
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The court stated that the exclusionary rule also applies to states‚ meaning that states cannot use evidence gained by illegal means to convict someone. Clark argued that the Fourth Amendment strictly implies that the use of evidence obtained in violation of the amendment is unconstitutional. Furthermore this overturned the Wolf ruling‚ the Supreme Court had found that the Fourth Amendment’s protection against “police incursion into privacy” is incorporate if the right
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The Eighteenth Amendment to the Constitution was ratified in January 1919 and executed in January 1920. It banned the “manufacture‚ sale‚ or transportation of intoxicating liquors”. This amendment was the finishing touch of decades of realization and fulfillment by organizations such as the Woman’s Christian Temperance Union and the Anti-Saloon League‚ and was also built upon the dry laws of eighteen states. The Prohibition Amendment had heavy consequences. It categorized the brewing and distilling
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