The Fourth Amendment to the U.S. Constitution reads: 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 affirmation‚ and particularly describing the place to be searched‚ and the persons or things to be seized (The Free Dictionary 2013) In 1973‚ the Supreme Court case Cady v. Dombrowski created the “community caretaking exception
Premium Police Fourth Amendment to the United States Constitution United States Constitution
In my criminal justice classes‚ I learned that there are many amendments that protects citizens when they are arrested. After September 11‚ and the terrorist attacked‚ President Bush passed the Patriot Act. Many people were unhappy because it allows police officers and federal agents to invade our privacy. Many laws passed into effect and all the police departments started to share information with ICE‚ FBI and other federal agencies‚ nationwide and locally. Many people do not know their rights
Premium Police Police brutality Constable
A Different Perspective on the Law The United States has had an effective law enforcement system for hundreds of years‚ which has revolutionized itself starting with the implication of the Constitution to the lawless west and effectively to where it is today. The American criminal justice system has many branches and occupations‚ all of which focus on a common goal of keeping our nation as safe as possible. In the following paragraphs‚ I will discuss an interview with a San Diego Police Officer
Premium Fourth Amendment to the United States Constitution Police Search and seizure
The Fifth Amendment dates back to the 17th century‚ in England. They used it to protect their citizens. It was designed to protect us just like it protected the people in England. It protects us against government authority in a legal procedure. Amendment 5 states‚ “No person shall be held to answer for a capital‚ or otherwise infamous crime‚ unless on a presentment or indictment of a Grand Jury‚ except in cases arising in the land or naval forces‚ or in the Militia‚ when in actual service in
Premium United States Constitution Supreme Court of the United States Court
Fifth Amendment The Fifth Amendment of the U.S. Constitution provides‚ "No person shall be held to answer for a capital‚ or otherwise infamous crime‚ unless on a presentment or indictment of a grand jury‚ except in cases arising in the land or naval forces‚ or in the militia‚ when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life; nor shall be compelled in any criminal case to be a witness against himself‚
Premium United States Constitution Miranda v. Arizona Fourteenth Amendment to the United States Constitution
Abstract This paper will investigate the fourth amendment‚ unlawful search and seizure‚ and will explain what is considered to be unlawful and what is not. This paper will also discuss the right of privacy that Americans are entitled to as citizens of the United States. Events that have marked history in regards to the fourth amendment will also be explored‚ explaining the nature of searches and the key components that coincide. The court ruling in the historic case of Arizona vs. Gant will be
Premium Fourth Amendment to the United States Constitution United States Constitution
The Fifth Amendment In 1966‚ there was a supreme case called Miranda v. Arizona which the Supreme Court ruled that the fifth amendment privilege againest self incrimination requires law enforcement to advise a suspect that before a custodial interrigation‚ a suspect must be informed of both his or her privileges against incriminating oneself and to obtain an attorney. Miranda warnings must be given before any questioning by law enforcement officials. The fifth amendment was developed because the
Premium Miranda v. Arizona Fifth Amendment to the United States Constitution United States Constitution
government as well. One of these controlling factors is the Fourth Amendment‚ which protects our citizens and visitors from an array of items. A few in particular would be; right to privacy‚ search‚ and seizure. The Fourth Amendment also sets the tone for how arrests are affected and how reasonableness is weighed on heavily. The Fourth Amendment grants American citizens protection from illegal searches and seizures. The Fourth Amendment is designed to protect the right to privacy
Premium Law United States Constitution Fourth Amendment to the United States Constitution
Please read: a personal appeal from Wikipedia founder Jimmy Wales Read now Fourth Amendment to the United States Constitution The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures‚ along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance
Premium Fourth Amendment to the United States Constitution
I. THE FOURTH AMENDMENT SHOULD CONTROL MALICIOUS PROSECUTION CLAIMS INVOLVING PRETRAIL DETENTIONS WITHOUT PROBABLE CAUSE Years ago this Court instructed that the Fourth Amendment should be used to analyze allegedly unconstitutional “detention[s] of suspects pending trial.” Gerstein v. Pugh‚ 420 U.S. 103‚ 125 n.27 (1975). Since then this Court has reaffirmed that the “detention of criminal suspects” is “governed by the provisions of the Fourth Amendment.” Albright v. Oliver‚ 510 U.S. 266‚ 274 (1994)
Premium Supreme Court of the United States United States Constitution Fourth Amendment to the United States Constitution