Search Warrants‚ Probable Cause‚ and Searches The concept of search warrants‚ probable cause‚ and searches go hand in hand as part of the legal system. Each step makes the next step part of the process. This process gives us certain civil liberties and are all rooted in the 4th Amendment of the Constitution of The United State of America. The following information will interpret‚ define‚ and support the legal justification of warrants‚ probable cause‚ and searches. The definition of a search warrant
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October 13‚ 2014 A. Zimmer Probable Cause Article We have already gone over the exclusionary rules associated with unwarranted searches and seizures‚ now we need to look at warranted searches and seizures. The Fourth Amendment requires that no warrants be issued unless based on probable cause by a sworn Affirmation‚ this applies to all warrants whether they are for search or seizure. In order to understand the concept behind warrants‚ we must also understand probable cause. The Supreme Court has defined
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Exclusionary Rule Analysis The Fourth Amendment to the U.S. Constitution states that “[t]he right of 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. Const. amend. IV). When the Fourth Amendment rights of citizens are violated‚
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think are the most important to the American people are Amendments one‚ two‚ and four. #1 Freedom of Speech is to help people speak and write freely without any punishment. #2 Right to Bear Arms is to be able to have possession of a gun. #4 Searches and Seizures is to help protect people and their families from invasion of privacy. These Amendments to the US Constitution clearly protect Americans’ rights and freedoms in our society today. For my first amendment I chose amendment #1 Freedom of Speech
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the use of illegally obtained evidence in a criminal prosecution (Sheb and Sheb 503). It became known in 1914 after a Supreme Court case Weeks vs United States. The Supreme Court ruled that the rule was rational because police cannot illegaly do searches and
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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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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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(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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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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