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 up four factors to consider: Justification‚ scope‚ place‚
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any Americans communications The Fourth Amendment protects your privacy‚ for instance the police cannot search personal properties. Due to the definition of "the right of the people to be secure in their persons‚ houses‚ papers‚” it makes people feel secure (Legal Information). In addition‚ it prevents all irrelevant searches that are not useful. On the other hand the Fourth Amendment makes it challenging for law enforcement to gather information. The Fourth Amendment is beneficial to citizens: it protects
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government. There are 33 amendments to the United States Constitution that Congress proposed as ratification since the Constitution was in effect since 1789. The fourth amendment to the United States Constitution declares that people must be secure in their homes and their persons against unreasonable searches and seizures. Additionally‚ the fourth amendment is part of the Bill of Rights was adopted by Congress and became effective in 1791. The relationship the fourth amendment has to constitutional
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internet has been the center of intense controversies‚ one being “to what extent in the U.S. does the federal‚ state‚ and local government have the duty to monitor internet content?â€. Many may say the the government should do more to monitor the internet‚ but I however strongly disagree. We have the First and Fourth Amendments in place to protect us from the government in America‚ and the same should be applied online too. On December 15‚ 1791‚ the
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and the Bill of Rights‚ the Fourth Amendment can be best defined as an amendment providing 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 (Fourth‚ 2012). In general terms‚ the Fourth Amendment protects from illegal searches
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world have been changed by globalisation. Normally‚ we just know that globalisation makes technologies around the world have changed such as software‚ smartphones‚ or computers. Because in nowadays everybody use very smart technologies in dairy life for example people can communicate with each other by use application on internet even they are not in the same country. Actually‚ globalisation makes almost everything around the world such as economy‚ politics‚ trade‚ fashion‚ etc. have been developed
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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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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
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The First Amendment‚ along with the rest of the Bill Of Rights‚ was put into force on the 15th of December‚ 1791. The Bill of Rights declares ten Amendments that protect US citizens’ basic rights and civil liberties; one of which is the right to have freedom of speech‚ and gives the same to the Fourth Estate - the press and media. This Amendment also allows the people to assemble to protest‚ create petitions‚ and prohibits Congress to pass laws that establish
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privacy of the individual‚ whatever the means employed‚ must be deemed a violation of the Fourth Amendment.” Justice Brandeis wholeheartedly believed that the Fourth Amendment protects privacy too. In Poe v. Ullman Justice Harlan argued that the Fourteenth Amendment’s due process clause could be used to strike the law. He stated “I consider that this Connecticut legislation violates the Fourteenth Amendment. It involves what by common understanding throughout the English-speaking world‚ must be granted
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