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 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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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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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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Mannie Vazquez is a resident of Greensberg‚ Texas‚ and decided to travel to Miami‚ Florida‚ to visit his family. Mannie meets Vince in a hotel in Louisiana and he offers to take Vince to Miami. Vince has a number of heavy bags with him‚ which Mannie helps him load into the car. They both stop in Tallahassee and split a room. Mannie takes an over the counter sleep aid to help him sleep. Officer Meyer is working his regular patrol‚ the night shift at 1 a.m.‚ he notices the Greensberg license plate
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school when the principal started conducting random locker searches. I was one of those students that liked the idea of these searches but did not want to voice my opinion. Many of the students were complaining that it was an infringement of their rights‚ but I did not have anything to hide‚ so it did not bother me. Most of the students knew which kids brought drugs to school‚ but no one wanted to be the one to tell on them. Random locker searches reduced that pressure from the students‚ because it was
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city streets the police are in need of an escalating set of flexible responses‚ graduated in relation to the amount of information they possess. For this purpose it is urged that distinctions should be made between a "stop" and an "arrest" (or a "seizure" of a person)‚ and between a "frisk" and a "search." He believed this could be imposed because it was a minor inconvenience to the person being searched and was acceptable in order for effective law enforcement and secure the safety of the
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According to the Fourth Amendment of the Constitution: ““The right of the people to be secure in their persons... against unreasonable searches and seizures” (U.S. Const. Amend. IV). Stop and Frisk is a procedure used by several law enforcement agencies in which an officer stops and questions a pedestrian‚ then proceeds to frisk them for weapons and other contraband. Martin McFadden‚ an officer
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