“ 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.”(Madison‚1789) The 4th Amendment is giving
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Unit 2 Assignment CJ 227-01: Criminal Procedure “One may well ask: How can you advocate breaking some laws and obeying others? The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but‚ a moral responsibility to obey just laws. Conversely‚ one has a moral responsibility to disobey unjust laws.” – Martin Luther King‚ Jr. Imagine a perfect society‚ where the population had a standard
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that Congress proposed as ratification since the Constitution was in effect since 1789. The fourth amendment to the United States Constitution declares that people must be secure in their homes and their persons against unreasonable searches and seizures. Additionally‚ the fourth amendment is part of the Bill of Rights was adopted by Congress and became effective in 1791. The relationship the fourth amendment has to constitutional rights is having probable cause and any evidence obtained without
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Stop and Frisk “NYPD’s controversial Stop and Frisk policy ruled unconstitutional” by Kerry Wills‚ Robert Gearty‚ and Stephen Rex Brown; which was polished January 8th‚ 12013. A major part of “Stop and Frisk’ in New York City is‚ NYPD is that it’s unconstitutional. The community feels that people feel that there is racial issue towards stopping and frisking. Manhattan Federal Court Judge Shira Scheindlin ordered police to reduce the amounts of trespass and abusing their power to frisk everyone
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evidence taken from the scene is compromised and therefore any scientific evidence or expert opinions relating to this would be prejudicial. Another example could be that law enforcement did not procure proper search warrants before a search and seizure; therefore‚ all evidence gathered resulted in an improper discovery and should be excluded since it violates
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Laurissa Grinston Analysis & Application Criminal Procedure Nancy Manning Unit 2 Paper January 2011 1. Did Officer Smith have reasonable suspicion to make the initial stop of this vehicle? Reasonable suspicion is based on the understanding of circumstances of a person experienced in the field of criminal law. Another way of putting it is a criminal justice professional acting on more than a hunch but less than probable cause [ (quiz law) ]. Based on the definition of reasonable
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Connor Beale English 7 Corruption Imagine your walking down the street minding your own business and suddenly you have an officer waving a badge in your face. The officer begins to feel you up and grope you. Grabbing whatever is in your pocket and tossing it around without concern. Stop and frisk is the controversial policing tactic when street cops looking for weapons and drugs stop and pat down civilians at random. Since 1968 the stop and frisk law has resulted in sexual
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either applying for or receiving public benefits‚ a policy that has been cut down in the courts before because the Fourth Amendment grants that every individual "be secure in their persons‚ houses‚ papers and effects against unreasonable searches and seizures." (Should Welfare Recipients be Drug Tested? para 1.) This paragraph explains that states are having difficulty passing this bill because the government feels that it violates American’s 4th amendment. Walters brings up arguments from both a
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Racial profiling has always been a major topic and‚ still is today. Due to constant media attention‚ racial profiling remains the most talked about. It receives the most attention online and‚ remains the most debated about in our legal system. Racial profiling is one topic like so many others‚ that stands out in the U.S. Racial profiling was an act that was put in place by the government. This act was enabled to help law enforcement‚ keep the peace and‚ most importantly‚ prevent crime. Due to the
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4th amendment allows people to be secured in persons‚ houses‚ ext.Unless an issued search warrant ‚probable cause or reasonable suspicion. For instance a precedent is Katz v Ohio this shows that the government can go too far with their search and seizure procedure.Today there are many cases in which the government is not using a search warrant when they are searching someone. Another reason is the writs of assistance case which established that the government does not take into consideration the 4th
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