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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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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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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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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