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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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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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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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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