Warrants 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. (1) These words of the Fourth Amendment give the people protection against unnecessary harassment by local‚ state and federal law enforcements. Authorities have
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property can be found‚ Makestuff Company may seek to pursue criminal prosecution. Can Mr. Yourprop’s supervisor direct local police investigators to search his personal vehicle which is parked on the Company parking lot? When it comes to search and seizure of personal property‚ law enforcement is required to abide by the U.S. Constitution‚ in particular the Fourth Amendment. The Fourth
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Dylan J. Lovas. HIST 3401. Professor Warren. Bill of Rights Report. · The Fourth Amendment protects American citizens’ “houses‚ papers‚ and effects‚ against unreasonable searches and seizures.” This means that if a government official or police officer wants to search your person or your property‚ he/she cannot do so without a judicial warrant and/or probable cause. · Back during the colonial era‚ King George would often give British soldiers “writs of assistance.” These were
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officer has: a valid arrest warrant‚ a valid arrest warrant‚ or a belief that level of "probable cause" committed by the individual. When police officers violate the constitutional rights of an individual under the Fourth Amendment and search or seizure is illegal‚ any evidence derived from such investigation or detention will certainly remain outside of any criminal case against the person whose rights have been violated. For example‚ the arrest was found to violate the Fourth Amendment because
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Cell phone tracking is a great tool when it is involved in an emergency situation‚ like abductions‚ suicide calls‚ and murders. Police officers now have the technology to track someones location by using a device‚ commonly called a stingray‚ which acts like a cellphone tower and tricks cellphones into connecting with the device. Since the police now have that device‚ they can prevent emergencies that could result in death from happening. It is only in emergency situations that Police do not have
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MEMORANDUM ON DEFENDANT’S MOTION TO SUPPRESS STATEMENT OF FACTS Owyhee County is located in the south west corner of Idaho. The Owyhee Mountains fill the west portion of Owyhee County. Mud Flat Field and Marmaduke Spring are located in the Owyhee Mountains‚ in the west central portion of Owyhee County‚ south of South Mountain and north of Juniper Mountain. The Mud Flat Field is approximately two miles long from North to South. The south end of the Mud Flat Field borders the Mud Flat road.
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We live in world where police officers are suppose to be protected and help us out when needed. The reality of it is police officers are out here on the beat violating are constitutional rights. Stop and frisk was to help fight crime on the streets but all it caused was racial profiling by officers everyday for the last twelve years. Stop and frisk has been used and abused and young adults are afraid to leave their house because they know they will be harassed for no good reason. Stop and frisk has
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inception‚ New York City’s stop and frisk program has drawn much controversy stemming from the disproportionate rate of arrest. While the argument that the program violates an individual’s 4th amendment right of protection from unreasonable search and seizure could absolutely be made‚ that argument pales in comparison to the argument of discrimination. A disproportionate number of African Americans and Hispanics are unreasonably stopped and searched simply for looking suspicious. The original intention
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Should the Exclusionary Rule be Abolished? John Doe University of Phoenix Criminal Procedure CJA350 Mr. Instructor Feb 07‚ 2006 Should the Exclusionary Rule be Abolished? Does the exclusionary rule protect the guilty? For years people have argued if the exclusionary rule is significantly helping the rather obvious criminal. By abolishing the exclusionary rule some people fear the whole purpose of the fourth amendment would be violated by using evidence attained illegally. If the proper
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situation more often. Minorities are having they higher percentage of stop and frisk than any other person. The police are violating the fourth amendment which states that any individual should have the right of protection from unreasonable search and seizure. The purpose of this program is to reduce crime and the use of weapon but if they are only searching one type of group that is not going to work. This program is becoming an excuse for police to take advantage of some innocent people. In the article
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