has come a long way and will continue to serve us in our best interests for as long as we live‚ whether we agree of disagree. “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.” (Findlaw.com‚ 2010). Due to the Fourth
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The concept of stop and frisk In an effort to maximize an individuals rights during search and seizures along with stop-and-frisks‚ the United States government has developed numerous laws and amendments. The Fourth Amendment states‚ The right of 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
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Cleveland detective who approached‚ stopped‚ questioned‚ and frisked three men that he believed were acting suspicious. He found out that two of the men were carrying weapons and therefore arrested them. The defense tried to say that that the search and seizure was a violation of the Fourth Amendment because there was no probable cause. In the final ruling‚ “the Supreme Court ruled 8-1 that an officer can legally stop a person if the officer has reasonable suspicion that criminal activity is afoot. And if
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field of criminal justice simply because this was the date that the Fourth Amendment was adopted by Congress in the U.S. The Fourth Amendment states that people are protected in their homes and persons against any and all unacceptable search and seizure. People are concerned with the issue of illegally seized evidence or any evidence that is confiscated without following due process of the Bill of Rights. The illegally seized evidence is generally gathered when a police officer conducts a search
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Amendment has also been weakened significantly over the years from Federal Court Case and the new technology. The fourth Amendment is “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
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well known. This amendment states that‚ people have the right to be secure in their persons‚ houses‚ papers and effects‚ against any unreasonable search and seizures. Their right shall not be violated‚ and warrants are issued when there is a probable cause. This amendment gives people the right to be free from any unreasonable search and seizures. When it comes to a warrant there is specific requirements that guide the warrant process. The warrant has to be issued by a judged‚ and supported by a probable
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whenever they like and not get in trouble for it. Sure the exclusionary rule might seem hard at the moment and people that know that there can be evidence found in the criminals home are getting pissed off because the court did not issue a search and seizure warrant to find out the full truth about the criminal and put them away for a really long time. So‚ no I do not think that the exclusionary rule should be overturned and if I was appointed to the Supreme Court and had the option to do so I would not
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“According to the United States Constitution‚ it does not use the word “arrest” the fourth amendment provides: “The right of the people to be secure in the their persons‚ Against unreasonable… seizures‚ shall not be violated‚ and no Warrants hall issue‚ but a probable cause‚ particularly describing the person to be seized(Gless 279).” The true definition of arrest is the use of authority to deprive a person of his or her freedom of movement. Most of the time an arrest is made with a warrant. Meanwhile
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the Stored Communication Act factored into the constitutionality of more than 27‚000 items of e-mail evidence. In the case of United States v. Warshak‚ the primary issue at hand is the constitutionality of the government’s warrantless seizure of more than twenty-seven thousand e-mails stored on an internet service provider’s server. To answer the constitutionality issue‚ the first focus is on e-mail itself as a form of communication‚ and whether there can be a reasonable expectation of
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The Fourth Amendment protects against illegal search and seizures. This means that a U.S. citizen cannot have themselves‚ homes and/or possessions searched or confiscated by law enforcement without a legal warrant. It pretty much protects citizen’s privacy. But there are positive and negative effects from this. It protects the citizen’s from law enforcement from searching on the spot without legal documentation authorizing it. On the other hand‚ thou‚ it could help criminals dispose of evidence while
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