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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On October 31‚ 1963‚ Detective Martin McFadden was in plain clothes‚ patrolling his downtown beat in Cleveland‚ Ohio‚ an area that he had been patrolling for shoplifters and pick-pocketing the last 30 years. At 2:30 PM‚ he noticed two unknown individuals‚ John Terry and Richard Chilton acting suspiciously‚ standing on a street corner. One of the men walked away and stopped to look in a nearby store window‚ continued walking‚ and on the way back stopped to look in the same store window before rejoining
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S. Constitution and its relevance for searches and seizures is critical for any investigator‚ and it strikes a balance between individual liberties and the rights of society. Most importantly‚ the limitation on any search is that the scope must be narrow‚ if a search is not conducted legally‚ the evidence obtained is worthless. As a matter of fact‚ the exclusionary rule established that courts may not accept evidence obtained by unreasonable search and seizure‚ regardless of its relevance to a case
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IV Amendment The Constitution‚ through the Fourth Amendment‚ protects people from unreasonable searches and seizures by the government. The Fourth Amendment‚ however‚ is not a guarantee against all searches and seizures‚ but only those that are deemed unreasonable under the law. Whether a particular type of search is considered reasonable in the eyes of the law‚ is determined by balancing two important interests. On one side of the scale is the intrusion on an individual’s Fourth Amendment
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"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." In other words‚ it protects citizens from searches and seizures by the government that are not supported by probable cause or by a warrant that details what the extent
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14th Amendment to extend constitutional protections to all courts in every State. • The process above became known as “nationalization” of the Bill of Rights. • During 1961-1969‚ cases concerning the right to legal counsel‚ confessions‚ searches‚ and the treatment of juvenile criminals all appeared on the Court’s docket. o Docket: A calendar of the cases awaitinga ction in a court. A brief entry of the court proceedingsin a legal case. The book containing such entries. • Mapp
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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 admissible even if it had been seized with no warrant. Our right to privacy is granted by the fourth amendment
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CJA 364 Criminal Procedure Search and Seizure The Fourth Amendment was set in place to protect society from unlawful police work. When it comes to apprehending criminals and ensuring their conviction‚ evidence needs to be gathered before hand. To do so‚ there is a lengthy process to be followed; the search and seizure method‚ the arrest‚ reasonableness‚ and right of privacy methods. However‚ there are laws that can protect officers in the line of duty or make accommodations
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because of the rights that stand behind it. As a team we have selected to cover the current topic on cell phone tracking and how the search and arrest warrants correlate with probable cause‚ exceptions to warrant requirements‚ defining search and seizure arrest and reasonableness in conjunction to the criminal justice system. “Instead of seeking warrants based on probable cause‚ some federal prosecutors
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States‚ using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights. During those years‚ cases concerning the right to legal counsel‚ confessions‚ searches‚ and the treatment of juvenile criminals all appeared on the Court’s docket. The Warren Court’s revolution in the criminal justice system began with the case of Mapp v. Ohio‚ the first of several significant cases in which it re-evaluated the
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