The Fourth Amendment to the constitution protects United States citizens from unreasonable searches and seizures. Our forefathers recognized the harm and abuses that occurred in the colonies to innocent people by the British‚ and they made sure to write protections into the U.S. Constitution. Fearing the police state that any nation has the potential to become and recognizing that freedom and liberty is meaningless when victimization by the police is a real and foreboding threat the Fourth Amendment
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(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‚ which is a type of general search warrant‚ in the American Revolution. Search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court‚ usually
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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 and seizures performed by governmental agents. In 1763‚ William Pitt stated that under any circumstance
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provide probable cause that is supported by the Fourth Amendment. The Fourth Amendment reads according to the U.S. Constitution (1995)‚ 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. (U.S. Constitution‚ 1995). If there
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seized Frame the Issue Legal: Did the search and seizure of Weeks’ home violated Weeks’ Fourth Amendment rights to be free from unreasonable searches and seizures Public Policy: Values in Conflict: Which value is more important‚ the government abiding by the Constitution or ignoring the Constitution in order to enforce the law? Practical: Arguments Weeks’ view: The 4th Amendment states that people are safe from unreasonable and searches without a warranty. And any evidence obtained from
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Amendment‚ and without doing so they could jeopardize their case. Investigation must take place before an officer can prove probable cause to a judge‚ and obtain a warrant. Warrants are necessary documents in apprehending suspects‚ conducting searches‚ and seizures. Without warrants‚ in most cases‚ evidence will be ruled as inadmissible. There are several ways to prove probable cause to obtain warrants. Without sufficient probable cause a warrant can not be issued to officers.
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This court decision creates a distinct precedent that gives schools the full right of search and seizure based on “reasonable suspicion”. To be clear on this rule‚ previously school officials must have probable cause to conduct searches on students. Probable cause is defined as "a reasonable amount of suspicion‚ supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true” (Ballantine’s Law Dictionary) . On the other hand‚ for
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circumstances that allow for warrantless searches are applied only if and when an officer feels that peoples lives could be at risk‚ or if there is enough cause to believe that “a crime is in the process of being committed‚ a crime has already been committed‚ or that a crime was about to be committed” (Justice Douglas‚ dissenting‚ Terry v. Ohio). The case of Terry v. Ohio set a precedent for future cases because it changed the way searches and seizures were to be conducted and properly obtaining
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an extremely important subject that has been highly debated with regard to criminal law and the constitution. Supporters of the Rule believe that it is necessary to ensure that the Fourth Amendment‚ which protects against unreasonable search and seizure‚ does not protect alone in the Bill of Rights. A controversial topic‚ having opponents of the Rule‚
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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.” This is how the 4th Amendment in the Constitution is stated. This amendment means the police cannot search your house without a warrant or probable cause. It offers protection to the people from unlawful searches and seizures. Without the Fourth Amendment
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