against unreasonable searches and seizures (Ehlenberger 1)". School officials do not need probable cause or a warrant to search students‚ a public school is a place that should foster an environment that is safe and free from criminal activity. Drug dogs search ensures a protected student body and are only minimally invasive. Resource officers‚ teachers‚ and administartion with experience in this practice of drug searches often discover many complications with condoning the searches. First‚ officers
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official has the right to carry out search or seizure unless a warrant has been first issued by a judge. The exceptions are: searches with consent‚ frisks‚ plain feel/plain view‚ incident to arrest‚ automobile exceptions‚ exigent circumstances and open fields‚ abandoned property and public place exceptions (Harr‚ Hess‚ 2006‚ p. 219). "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
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Balancing the rights of the fourth amendment According to the United States Constitution‚ the Fourth Amendment gives US citizens a right “to be secure in their persons‚ houses‚ papers and effects‚ against unreasonable searches and seizures.” These rights limit the power of the government to seize and search people‚ their homes and their property. The courts have interpreted Fourth Amendment privacy rights by applying a “reasonable expectation of privacy” test‚ meaning individuals secure Fourth Amendment
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safeguards people from irrational searches and from their valuables being taken away through legal process. Under this amendment a search warrant is issued only once it’s determined with surety that a crime is committed by a particular individual. The fourth amendment makes it essential to prohibit evidence in the form of trial being taken from illegal searches being made without verifying an authentic warrant (The Fourth Amendment Warrant Requirement‚ 2008). Searches without Warrants 1. Lawful
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three individuals through a gap in a drawn window blind engaged in illegal activity which appeared to be the bagging of cocaine. The defendants appealed their case‚ stating that their Fourth Amendment right was violated due to an illegal search and seizure. Ultimately‚ the Supreme Court upheld the original decision based on the grounds that the defendants Fourth Amendment rights only pertained to them in their own dwelling or as an extended guest in another’s dwelling‚ not merely because they were
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Introduction In America‚ police targeting black people for excessive and unwarranted search and seizure is a practice older than the Republic itself. Ethnicity and stop and frisk laws have called for the attention of the courts to determine whether it is an abuse of power and whether minorities are the majority when pertaining to stop and frisk laws. This research will focus on the effects ethnicity has on stop and frisks laws. Ethnicity and Stop and Frisk laws have become a topic of concern because
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crossing the Arizona California state border‚ there might be a policeman searching your car for illegal substances. This is illegal‚ “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.”(Bill of Rights). This is the fourth
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What would we do without the Fourth Amendment? The fourth amendment actually states that it is “the right of the people to be secure in their persons‚ house‚ papers‚ and effects‚ against unreasonable searches‚ and that they 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 means that there has to be a legitimate reason that fulfills the warrant
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citizens are free from unreasonable search and seizure from the government. However‚ school administration (an extension of government) does have the power to implement searches and seizures that may be outside of the constitutional scope in order to maintain good order and discipline in the school. This is evidenced by the Supreme Court case New Jersey vs. T.L.O where the Supreme Court ruled that requiring schools to obtain warrants for searches would interfere with the swift and informal disciplinary
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were put in place to give US citizens protection from corrupt police and government officials. A common Amendment that most Americans don’t realize we have is the Fourth amendment. The Fourth Amendment gives us protection against arbitrary searches and seizures without a proper warrant. It was first used to prevent the use of writs of assistance which is blanket search warrants with which the british custom officials had invaded homes to search for smuggled goods. As the fourth amendment has changed
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