The Fourth Amendment to the Constitution states that people have the right "to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚" but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States
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The 4th Amendment to the United States Constitution was introduced to Congress in 1789 by James Madison and is an extremely important amendment contained in the Bill of Rights‚ furthermore‚ this amendment prohibits unreasonable searches and seizures (Wikipedia‚ n.d.). “Moreover‚ the Fourth Amendment requires governmental searches to be conducted only upon the issuance of a search warrant‚ sanctioned by probable cause and supported by oath or affirmation‚” (Wikipedia‚ n.d.‚ p.1). The warrant requirement
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The Fourth Amendment was introduced into the Constitution of the United States as a part of the Bill of Rights on September 5‚ 1789. It was a direct response to the abuse of the writ of assistance‚ which was a type of general search warrant used by the government during the American Revolution. (LAWS) The amendment was ratified on December 15‚ 1791. The Fourth Amendment reads: The right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures
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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” (Hudson‚ 2010‚ p.363). In this essay we will explore what is reasonableness under the Fourth Amendment. A discussion of consensual encounters vs. detentions concerning search and seizure‚ we will also discus important cases that shape the fundamentals procedures of search and seizure. According to Rutledge (2010) p.109‚ reasonableness may have
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Fourth Amendment Ashley J. Peterson Constitutional Law Steve Areges Kaplan University 1/13/2010 Fourth Amendment The Fourth Amendment is important not only to the citizens but for our law enforcement as well. The Fourth Amendment is still evolving today‚ as common and statutory laws change so does our Fourth Amendment. This amendment has come a long way and will continue to serve us in our best interests for as long as we live‚ whether we agree of disagree. “The right of the people
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The statement‚ “The Fourth Amendment protects people‚ not places‚” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses‚ papers‚ and defends them against unreasonable searches and seizures. However‚ to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant‚ give the government strict to stipulations as to how they are able to rightfully obtain information
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In this essay I will be discussing The Fourth Amendment rights as they pertain to search and seizure‚ with and without warrants and why they are so important. The Fourth Amendment guarantees the right of the people to be secure by their persons‚ houses‚ papers and effects against unreasonable searches and seizures‚ shall not be violated and no warrants shall be issued but upon probable cause. Supported by oath or affirmation‚ and particularly by describing the place to be searched and
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FIRST AMENDMENT The First Amendment outlines five of the most basic rights of any American: the freedom of religion and its practices‚ the freedom of speech‚ the freedom of press‚ the freedom of assembly‚ and the liberty to formally write requests to the government. SECOND AMENDMENT The Second Amendment simply gives Americans the right to keep and bear Arms. THIRD AMENDMENT The Third Amendment gives citizens the right to say no to housing soldiers when the country is not in war. This amendment
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been able to fathom the modern men of zeal fighting the “War on Terror”. The modern era has carried questions of how far the Fourth Amendment and the right to privacy should and does extend to protect the rights of the individual. With advancing technology‚ there are more legal lines to be drawn in the sphere of privacy as well as determining how far the Fourth Amendment extends. Some of these topics include government watch lists‚ mass
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Not all people feel secure and safe in the United States‚ but something that helps people feel more secure is the fourth amendment‚ which prohibits search and seizure of a person or property without a warrant. The amendment preserves the privacy of the people because it makes sure that no one can just search you or your house‚ unless of course‚ there is a good reason. The fourth amendment also protects peoples’ personal property because‚ there must be a warrant before investigators can touch a person’s
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