“Evolution of the Fourth Amendment” Week Six Assignment Criminal Law By Robert Schmitz 10/13/2013 The fourth Amendment of the United States Constitution states that every person has the right to “be secure in their persons‚ houses‚ papers and effects against unreasonable search and seizure.”(Brooks). However‚ this right was not always protected in court‚ criminal defendants would have to sit and watch as evidence was still
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evidence. The New Jersey Supreme Court then reversed the decision and ruled that the exclusionary rule of the Fourth Amendment applies to the searches and seizures made by school officials. The case then went to the United States Supreme Court. The first thing the U.S Supreme Court did was ordered to rehear the argument about the question of whether the assistant principal violated the Fourth Amendment in T.L.O’s case. After rehearing the argument the court in a 6-3 decision written by Justice Byron R. White
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things to be seized‚” (Bill of Rights). The Fourth Amendment states that people have the right to not have their persons or homes be searched by the government; however‚ this is not the case in today’s society. Even with this amendment‚ the police still refuse to confine to the rights of this amendment. In investigating the justifications of the Fourth Amendment in the Bill of Rights‚ one can conclude that the evaluations of the history of the Fourth Amendment has changed in modern applications and the
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In my opinion‚ I believe that the 4th amendment is both good and bad depending on the circumstances. Sometimes there are people who blatantly have drugs that the cops can’t frisk off until they have the warrant. By the time the police get the warrant‚ said suspect could have already gotten rid of the drugs. However‚ this also works the other way. Sometimes‚ the police search other people that they have false evidence on. Then this innocent person gets searched and it makes the searched person look
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The fourth Amendment has been an Amendment that has caused some controversy over the centuries. A fourth Amendment issue that has been persistent is the use of warrants and when they are necessary. During the prohibition era a certain case‚ Carroll vs the United States‚ federal agents had suspicion to believe he was selling liquor when at that time the distribution of alcohol was illegal. Federal agents that had been investigating him have spotted him driving on the highway and decided
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THE HISTORY AND SIGNIFICANCE OF THE FOURTH AMENDMENT "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 Amendment to the United States Constitution (4) A search as described in the Constitution
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protection from corrupt police and government officials. A common Amendment that most Americans don’t realize we have is the Fourth amendment. The Fourth Amendment gives us protection against arbitrary searches and seizures without a proper warrant. It was first used to prevent the use of writs of assistance which is blanket search warrants with which the british custom officials had invaded homes to search for smuggled goods. As the fourth amendment has changed and evolved in its meaning over time‚ many Supreme
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ASP. Moncy Duncan Antigua/Barbuda RSS Distance Learning assignment Hon. Fitzroy Gatham Minister of National Security Palmolive Ave. Jasper City Cargan. 17th July‚ 2013. Report on the apparent growth of gangs and organized crime in the country of Cargan outlining the strategy to be implemented by the Gang Task Force to reduce the negative impact of gangs and organized crime. Objectives * Formulate Gang Reduction Strategy to lessen the impact of gangs and organized crime.
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exclusionary rule is required under the Fourth Amendment. “In all cases‚ the search must be conducted when there is probable cause. If an officer fails to execute a warrant before probable cause has dissipated‚ then any resulting search is violative of the Fourth Amendment‚ and the fruits thereof are subject to the exclusionary rule. This is true even if the search is conducted within the period of time set by law” (Hall‚ 2014‚ p. 411) The Fourth Amendment‚ or the Bill of Rights for that matter
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National Security: How Working Without Warrants Puts Us At Risk Samantha Schmidt English 112-L04 April 19‚ 2012 National Security: How Working Without Warrants Puts Us at Risk After 9/11‚ the whole country was sent into a tailspin. The fact that the United States‚ one of the most powerful countries worldwide‚ had suffered such a blow was mind blowing. The people were terrified. So too insure that a tragedy of that magnitude never happened again
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