remained anonymous until recently.The principal‚ Ted Choplick‚ demanded that he searches her purse. Choplick found rolls‚ paraphernalia-marijuana‚ money‚ a list of names‚ and a box of cigarettes‚ he then excluded the contents. After being arrested TLO said due to the Fourth Amendment‚ stating “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
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for internet metadata "every 90 days” According to Akhil Reed Amar According to uscourts.gov “4th Amendment is the Constitution‚ through the Fourth Amendment‚ protect people from unreasonable searches and seizures by the government. The Fourth Amendment‚ however‚ is not granted against all searches and seizures‚ but only those that are being unreasonable under the law.” However‚ Akhil Reed
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definition of the exclusionary rule was a principle of law that illegally obtained evidence may not be admitted in court. The exclusionary rule was one of the few laws the court system had made to enforce the Forth Amendment’s unreasonable search and seizure clause. The many exceptions and alternatives to the rule caused major controversy over why the rule even stands. The rule originated from the court case Weeks v. U.S. The Forth Amendment was virtually powerless until the early 1900s.
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The Criminal Justice Procedure Name Institution Identify and describe statutory authority and responsibilities of justice system officials‚ security personnel‚ and private citizens regarding investigative detention and the arrest of suspected offenders The justice system in the US is a step by step legal procedure that entails private citizens‚ legal institutions‚ and law enforcers. As such‚ each party has a role to play in bringing justice to the victim(s) of crime. Private Citizens play
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U.S. Constitution‚ as adopted as part of the Bill of Rights was introduced in Congress in 1789 by James Madison and was ratified in 1791. The amendment dealt with legal search and seizure. 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
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FIFTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) ) ) i‚ ~~\ SENATE Senate Bill No. 911 INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA EXPLANATORY NOTE One of the biggest foundations of a progressive nation is an educated population. Development in the different areas of knowledge such a science and technology‚ business‚ medicine‚ social science and others have brought about drastic advancement in our present society. In an increasingly demanding and
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In the case of James Smith‚ a burglar that was found guilty of robbing his next door neighbor appealed his case to the Supreme Court based on the premise that his Fourteenth Amendment right to equal protection under the law was violated when evidence the defendant claimed was seized illegally but not excluded from the court process. The case started when the criminal defendant‚ Smith‚ burglarized his next door neighbor’s house. The neighbor being sure Smith was responsible for stealing his belongings
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In the legal case (Unites States v Leon) On August 1981‚ police in Burbank received intel from an informant that Patsy Stewart and Armando Sanchez were selling narcotics from their personal residence. Police began surveillance of their home without a warrant and identified suspects Ricardo Del Castillo and Alberto Leon. Based on their investigation and information obtained from another informant‚ a warrant was obtained. A search of the residence was conducted‚ and large amounts of drug paraphernalia
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Amendments of the Constitution are as follows.The 4th Amendment‚ prohibits unreasonable searches and seizures and requires a warrant to be issued by a judge. The ultimate goal of this provision is to protect people’s right to privacy and freedom from arbitrary governmental intrusions. The right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated. But no Warrant‚ but upon probable cause. The 5th Amendment‚ protects
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a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search). Under exigent circumstances‚ probable cause can also justify a warrantless search or seizure. Persons arrested without a warrant are required to be brought before a competent authority shortly after the arrest for a prompt judicial determination of probable cause. Reasonable suspicion is the legal standard by which a police officer has the
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