search and seizure has many arguments from the community and from law enforcement; the community feels that there should be stricter laws in place for law enforcement as law enforcement believes that they cannot carry out the protection of the community due to the exclusionary rules for the Fourth Amendment. Has the Fourth Amendment been change to better benefit the community or is it harder to justify law enforcements practice in search and seizure. We have rules that help in search and seizure the first
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Our file No.: 12095 Public school searches Date: June 6‚ 2013 I. Issues 1. The issue is whether public school officials have the authority to perform strip searches of students in suspicion of hiding illegal drugs. 2. The issue is whether public school districts can perform random drug screening of students who participate in school athletic programs under state or federal law. II. Brief Answers 1. No. Strip searches of students in public schools of students
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Fifth‚ Sixth and Eighth Amendments to the U.S. Constitution with corresponding case law citations and brief summaries. The Fourth Amendment deals with the issue of search and seizure. It 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 person
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The U.S. Constitution was created to prevent the abuse of police against citizens. The Bill of Rights was added to the U.S. Constitution in 1791‚ and it protected the individual freedom of the citizens of the United States. The Bill of Rights was the name given to the first ten amendments in the U.S. Constitution. At first‚ the Bill of Rights only applied to the way that the federal government ran the criminal justice system. In 1868‚ the fourteenth amendment was added and it included all
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by the government during the American Revolution. (LAWS) The amendment was ratified on December 15‚ 1791. The Fourth Amendment 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. (Shmoop Editorial Team). The general
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search her property and she believed that all evidence found should be discarded since it violated the 4th amendment‚ which states that “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 on the other hand‚ the state of Ohio said that the Bill of Rights only limits the National Government‚ not state power‚ and that even though the Bill of Rights were instituted into state law through the “Due Process
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of rights is the name of the first ten amendments to the United States Constitution. James Madison wrote The 4th Amendment is about people having the right to have privacy and feel secure in their persons‚ houses and not having unreasonable searches and seizures‚ and one shall not be violated‚ and no warrants shall issue‚ but upon probable cause. In other words‚ the 4th amendment is about having privacy‚ no one is allowed to search you unless there’s a warrant. The 4th Amendment deals with protecting
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Since the introduction of the exclusionary rule‚ many debates have raged about whether or not it should be in place in our justice system. The exclusionary rule was set in place to protect citizens’ Fourth Amendment rights against illegal searches and seizures. As a result of the induction of this rule‚ law enforcement throughout the country has been affected and changed. Personally‚ I do not believe that the exclusionary rule should not be excluded from the criminal justice system because constitutional
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breaches security in our nation because it is giving the government too much power over its citizens. In addition‚ it contradicts the fourth amendment‚ which states that citizens have a right to no unreasonable searches and seizures of personal belongings without a warrant. “Cell phone searches are an invasion of privacy… smartphones can contain a wide variety of information against a person‚” two judges said who voted against these laws. This makes your actions less justifiable is they look through
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The fourth amendment protects citizens of the United States from unlawful searches and seizures conducted by police officers or law enforcement agencies. The Fourth Amendment of the Constitution affirms: “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
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