Fourth Amendment College Essays Samples For Students

Part 1: Research Proposal

Introduction
The Constitution has always protected the privacy of citizens, but the increased advancement of technology is becoming a threat. Technology is threatening to redefine the privacy of individuals for it to operate efficiently. One of the inventions that have collided with the individual expectations of privacy, which are protected by the Fourth Amendment, is drones. These devices can be used for surveillance (especially against terrorism) and aid in the achievement of the requirements of the Patriot Act. The drones can capture high-resolution images and videos from a distance and transmit them to the source. The American citizens fear ...

Abstract

The Fourth Amendment Act was set in place in the US constitution to ensure and assure privacy for the citizens. The Act and its application have been subject to scrutiny as to whether it is a broken promise or not. Terrorist activities have interfered with security globally and in the US particularly since the 9/11 attacks that claimed the lives of many Americans not to mention other victims. War on terrorism has been beefed up globally for the purpose of combating the crime. However, the said war on terror has been used as an excuse for the intrusion to ...

Argued December 2, 3. 1913

Decided February 24, 1914

An indictment was made on the defendant Fremont Weeks for using the postal mail for the transportation of lottery tickets, which was a criminal code violation. The police arrested him at his place of work and in arresting him; they conducted a warrantless search on his office and found evidence of the usage of the mail for the transport of lottery tickets. The police later went to Week’s home and entered illegally using a key whose hiding place was directed to them by a neighbor. The police later went on to search the defendant’s premises without an ...

Final Case Study: Aviation/Aerospace Security Issues

It is the Fourth Amendment to the Constitution of the United States that is at issue with regards to individual privacy rights from federal government authorities and airport searchers. This amendment, in particular, states that the people have the right of being secure in their houses, persons, effects, against unwarranted seizures and searches, not to be violated. And that no warrants will be issued, but only upon probable cause, having the support of affirmation or oath, and in particular, describing the specific place to undergo search including things or persons for seizure (Harawa, 2013).
Therefore, on face value, the ...

Skinner v. Railway Labor Executives’ Association 489 U.S. 602 (1989).

Skinner is the Petitioner and Railway Labor Executives’ Association is respondents in the U.S. Supreme Court. Case No 489 U.S. 602 (1989) before the Judges Kennedy, RHENQUIST, C.J, White, Blackmun, O’Connor, Scalia, Stevens and Brenman
Whether the Regulations requiring employees of private railroads to undergo tests for presence of alcohol or drug violated the Fourth Amendment of the Constitution.

Facts

Federal Railroad Administration (FRA)’s Regulations require blood and urine tests to be conducted on the covered employees who had been on duty on trains involved in accidents ...

Drones or unmanned aerial vehicles (UAVs) are often synonymous to the remote controlled jet-like machines currently used by the military to conduct reconnaissance and stealth operations in major conflicts around the globe. Millions of dollars have been spent to produce these state-of-the-art machines in order to improve military operations in uncharted terrain. In recent years, manufacturers have managed to replicate the technology used by these million dollar machines and miniaturize them for commercial use. Many consumers use these drones for leisure or photography, but there are also groups using these drones for questionable activities like stalking, spying and even ...

Fourth Amendment: Conducting Constitutional Searches

In the case of New Jersey v. T.L.O., the Supreme Court held that under the prohibition under the Fourth Amendment on the issue of unreasonable searches and seizures can be applied to the searches that have been initiated by public school officials (Lincoln 3). The searchers shall not be confined to searches that had been conducted by law enforcement officers. At the same time, the school officials discharge the Fourth Amendment’s commands due to the special nature of their authority over minor children. The school officials become the representatives of the State when they conduct searches and seizures ...

United States v, Jones (2012)

United States v, Jones (2012)
Background of the Case and Key Facts

In United States v. Jones, the US government had, without a warrant, installed a Global Positioning System (GPS) device onto the car belonging to the wife of a nightclub operator on suspicious of drug trafficking. The GPS system was used to tract the whereabouts of the nightclub operator for 28 days. Antoine Jones had come under suspicion of trafficking narcotics and had become a joint target for the Metropolitan Police Department and the FBI (Arcila, 2012). Several investigative techniques had been employed as part of an investigative procedure and this ...

The Fourth Amendment is part of the United States Constitution. It protects citizens from unlawful situations and offers guidelines that must be followed in the criminal justice system. The Fourth Amendment allows people to be safe in their homes and their personal belongings to secure as well. This means that a person should be able to do as they please in their home without the legal system coming into the home.
If a warrant is issued and signed by a Judge, then this gives the authority the right to enter a person’s home and search for items. “The ...

Jakubowicz v. Dittemore, 2006 U.S. Dist. [W.D. Mo.]

Prior to the trial date, the parties informed the Court that they wished to present their evidence in writing. Part of the evidence included the depositions of the Director of Facility Operations for DMH, Felix T. Vincenz, and that of the Deputy Director of DMH, Linda Roebuck. They also wanted to present in writing, various terms that the parties had adopted. The Plaintiffs also presented a memo that was dated April 6, 2005, which was marked exhibit A. Schuffman who had addressed the Memo to all DMH employees had sought to ...

Katz v. United States, 389 U.S. 347 (1967)
Privacy issues remain one of the key issues in criminal law and entire legal justice system. Katz v. United States, 389 U.S. 347 (1967) is one of the famous cases that highlights the nature of the right to privacy and provides legal definition of a legal search. The court’s ruling refined the former definition of the legal search and legal seizure clauses of the Fourth Amendment to consider infringement with any kind of communication technology as a search (Brandon Garrett, The right to privacy (Rosen Pub. Group) (2001)
(Garrett, 2001). ...

Criminal Law

Blond (2009, p.164) stated that the best evidence rule expresses a preference for the use of original documents, instead of using reproductions. This has been known as the original document rule. The best of evidence rule only applies if it is being offered to produce the contents of evidence presented in court. The proponent of the writing seeks to prove its contents and that the writing is closely related to a material issue. In order to comply with the best evidence rule, the proponent of the evidence should produce the original document. If the producing the original is not possible, it ...

Introduction

The United States Constitution can be described as the highest law of the land. During court proceedings, the constitution is the supreme law that is applicable in determining the outcome of criminal litigation, but other laws arise from the Amendments to the Constitution. The United States Constitution often guides how the government should function, the jurisdiction of the presidency, American Congress, and the Supreme Court. It is, however, paramount to note that all American states have their own Constitutions that they enact and follow, but the federal constitution is considered the highest law that overrides other state laws in ...

The United States judicial system offers certain protections for criminal suspects who are at risk of arrest or a search without a warrant. One of the most important safeguards afforded under the U.S. Constitution is the 4th amendment, which prevents government officials from illegally searching individuals or seizing property without following standard procedure. The concept has evolved over time, and the exclusionary rule is now the primary way to defend people from illegal search and seizure by government officials. However, history has shown that this is an ineffective solution because it allows those who would have been convicted to ...

When dealing with terrorism, we are battling a new sort of enemy. Our new enemy surely requires a new strategy to combat its weaknesses; however, with terrorism, the terrorist invariably has the upper hand because they exist on an entirely different plane than ever before. Thus, as policy drafters, it begs the question of how on earth do we search for these enemies that are lying in wait all over the globe? The answer thus far has been to use more technologies to attempt to track down these individuals. For example, the terrorists who attacked in 9/11 were in ...

The Fourth Amendment of the U.S. Constitution affords "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." Eventually, these words attempt to defend two essential freedom goods - the right to privacy and liberty from illogical assaults.
An examination happens when a belief of discretion that people considers reasonable is trespassed by a legislative ...

The US Constitution is the supreme law that governs the United States of America. The law created a national government and primary laws, and also established specific basic human rights for the citizens. The constitution contains seven Articles and 27 Amendments. The constitution has been in existence for more than 200 years and in the process, it has undergone important ramifications to make it better (The United States Court, 2014). The paper will discuss the 4th, 5th and 6th Amendments of the US Constitution, and how they apply in adult and juvenile court proceedings.
The Fourth Amendment prohibits the ...

The fourth amendment to the US Constitution provides and ensures one of the fundamental human rights. This amendment guarantees freedom against unreasonable search and seizure by public servants and officials or any other agents of the US government. In order to conduct search and seizures legally, such officials and governmental agents are required to have reasonable ground, on the basis of which they receive specific warrant.
There are many cases concerning this constitutional amendment that were considered and decided by the US Supreme Court. And the landmark decision in this sphere is Tennessee v. Garner. According to the ...

Doe V. City of Intrusia

In 2014, the government, acting on the suspicion that the petitioner was processing and selling proscribed substances, requested the local cell phone carrier to clone the cell phone of the petitioner Joe Doe. Subsequently they gained access to text messages sent and received by the respondent. Based on this evidence, the petitioner Joe Doe was tried and convicted under an indictment charging various illegal transactions in narcotics. Doe has appealed his conviction claiming that the interception of text messages violated the unreasonable search and seizure protections of the Fourth Amendment. Furthermore, all data from the text messages should have ...

United States v. Leon 468 U.S. 897 (1984)
In August 1981, Burbank police received information from a confidential informant about the drug activity of two suspects. Based on that information, the police initiated an extensive surveillance of the residence and persons mentioned by the informant as being involved. Police surveillance revealed a number of others persons, most with criminal records, entering and leaving the surveilled residence with “packages” of varying sizes. A police learned that one of the persons seen at the residence had listed an Alberto Leon as his employer. A check of Leon’s record revealed that he ...

Difference between republic and democracy

Republic
A republic can be said to be a government that does not have a monarch. The other definition is that it is a form of government in which the affairs of the state are a matter of the public and the public officers are usually elected and not appointed. Nepal became a federal democratic republic in the first half of the 21st century after 240 years under the monarch. The republic is usually a sovereign state but there are some instances where there are sub-sovereign states. Good examples of republic states are the United States, Russia and France. In a republic state the head ...

Landmark Supreme Court Interpretations of the U.S. Constitution
Mapp v. Ohio (1961)
Summary: On May 23, 1957, forcibly entered the house of Dollree Mapp with a piece of paper they claimed to be a search warrant, under the suspicion of the presence of a bombing suspect and evidence in the house. Mapp was arrested, tried and convicted for the possession of obscene materials discovered during the illegal search.
The Law: “All evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court” ("law.cornell.edu").
Issue: Whether or not a State court ...

Abstract

The paper investigates Steiney Richards, Petitioner v. Wisconsin case in order to justify whether the police officers’ use of deceptive means and forcible entry into Richards’ room violates the protection rights granted by the Fourth Amendment. It offers a summary of the case, thereby presenting the issue of the case. The paper also analyzes the Wisconsin Supreme Court’s judgment by evaluating the facts of the case. It presents the reasons offered by Richards in favor of his privacy interests and compares them with the reasons offered by police officers to gain forcible entry into Richards’ room. Therefore, the ...

Question 1

There are number of federal agencies that are established to enforce law and prosecute crimes that are related to computer violation, computer fraud and computer crime. These agencies include Computer Crime and Intellectual Property Section (CCIP), U.S. Department of Justice Criminal Division and Department of Justice’s Computer Crime and Intersexual Property section. These agencies also offer training to ensure that the law enforcement members are able to address the computer and electronic crimes and advanced technology crimes. These agencies conducts complex investigation, on the crime allegation, prevents and prosecutes crimes that are associated with digital technology and computer ...

Search and Seizure

Police and law enforcers use the search and seizure in pursuit of criminals in order to obtain evidence required in their prosecution. Search and seizure can be conducted upon a reasonable belief that information or items on premises can be used in committing a criminal offense. Although police can search premises and seize items, the law protects citizens against unreasonable police intrusions. Criminal law defines a search as an intrusion with an intention other than arrest. The United States Supreme Court defined search as any government invasion of personal privacy (Basdeo, 2009). Although the constitution grants people their right to privacy, the ...

When police officers observe citizens who are acting suspiciously, police officers may approach the citizens, identify themselves as police officers, ask the citizens what they are doing, and pat down the outer garments of the citizens to look for weapons. Looking for hidden weapons is necessary to protect the police officers and nearby citizens.
Terry argued that the police officers had no reason to suspect him of any wrongdoing and therefore had no reason to approach him and search him. Terry declared his search and seizure unconstitutional under the Fourth Amendment which protects citizens against unreasonable search and ...

DNA tracing has been a helpful way of identifying an unknown person. As a matter of fact, this advantage is being used in forensic investigations which will completely recognize the identity of an individual when being logged in the database. However, this brings about risk in the privacy and confidentiality of an individual. Therefore, DNA database should not be used for commercial purposes.
A DNA profile,which is stored in database, is not only used to identify a single individual, but it also allows to track close relatives using the information which can be located in a single DNA ...

The “exclusionary rule” is one of the most important elements of United States criminal procedure law, but it is not found in the Constitution. Indeed, the exclusionary rule is a court created procedure that allows a judge to declare inadmissible any testimony or evidence presented at trial that was result of or otherwise obtained in violation of the Bill of Rights’ Fourth, Fifth, or Sixth Amendments. In other words, while the basis of the exclusionary rule is the Constitution, it is not a constitutional right. Rather the exclusionary rule was created as a means for the court to prevent ...

The right of Americans to individual privacy has increasingly become an issue of national significance. Partly due to leaks of the National Security Agency’s (NSA) surveillance program by government contractor, Edward Snowden, American citizens’ basic right to privacy has become a subject of national debate. Not only is privacy a Constitutional Right, the right to privacy is a fundamental human right that no government should violate. Through these lenses, federal surveillance for national security purposes, invasive laws that affect our bodies, and telecommunications monitoring should be called into question, and rescinded.
The US Constitution’s Bill of Rights ...

Introduction

The court practice of the United States of America demonstrates that the First, the Fourth, the Eight and the Fourteenth Amendments to the United States Constitution are the most frequently invoked constitutional provisions in the country. Procedural violations of these Amendments are effective tools in the hands of skillful criminal defense attorneys. Analyzing the court practice is the only way to understand viewpoints of the judiciary on these sensitive topics, and to avoid perpetrating procedural mistakes in the future.
This paper seeks to analyze the most landmark cases connected with the alleged violations of the First, the Fourth, the ...

Data Mining has created a great deal of controversy in the business world due to the fact that it violates many principles of privacy. Where we run into issues with protecting privacy is a result of the strict confidentiality laws that exist in the United States. Consumers ideally do not want companies having access to information about their purchasing patterns. Essentially, customers do not want the hassle of receiving more advertisements than they already do. Data Mining has been seen as the enemy to the consumer because in the modern age that we live in, there is not a ...

The Patriotic Act first came into effect after the 9/11 terrorist attack on the World Trade Center in New York City and the Pentagon in Washington D.C. At the time, it seemed like a very good idea and many Americans were in support of the act as they viewed it as a plausible way of deterring future acts of terrorism. Most of the country was still in shock after the devastation caused by the terrorist attack and naturally, they rallied behind what they thought was an effective response to this major setback. It is clear that the people at that time ...

English

Introduction
This paper will discuss the ethical challenges between human rights and national security. The issue addressed specifically in this paper is: “Should the United States government compromise human rights to achieve the objectives of international security”.
After the September 11, 2001 bombing in the U.S., strict security measures had been taken by the government to ensure the security and safety of the people. The U.S. government implemented the National Security Agency (NSA) Warrantless Wiretapping Program, by allowing the warrantless wiretapping of the citizens despite the violation of the right to privacy. The primary objective of the ...

The question of whether U.S. should place restrictions on the contents posted on World Wide Web is debatable. First, World Wide Web is what forms the internet. The big question one should ask is whether U.S owns the internet. If yes, then they can be allowed to control the contents because after all it is their property. If no, Then it is a completely different thing altogether. Internet contents depend on the interconnected nature of technology. It means that any problem with the web contents is a global problem and not U.S problem. This is why we do have regional agreement ...

The problem of prosecution and punishment of those women who abuse drugs during pregnancy causes a variety of controversies relating to the legality of such measures, as well to the question of its effectiveness. Advocates who support the idea that those pregnant women who abuse drugs must be prosecuted and punished state that this is the only effective way to fight the problem and deter other women from the use of illegal drugs during pregnancy. Opponents, on the other hand, express the opinion that the retribution measures have the sole purpose of punishment rather than fighting the problem. They support ...

Introduction

Public safety is a significant part of every society life. To be happy, people need to feel safe. Moreover, safety s one of the stages in the Maslow’s hierarchy of needs. On the contrary, every individual has rights. I some cases, public safety and individual rights conflict with each other. This essay is aimed at researching the issue of relations between public safety and individual rights. The essay will be divided into four parts. In the first part, I will research the issue of statutory authorities and responsibilities of government officials, security personnel, and private citizens. The second part ...

Tax evasion refers to the illegal practices by organizations, corporations or persons, which deliberately avoid meeting the actual tax liabilities. Under the German Criminal Tax Fraud Law, false taxes declaration, failure to or delayed tax declaration comprises a felony, misdemeanor or an infraction, depending on the nature of the act and its gravity, but this penal code allow judges to exercise discretion in the determination of sentences. Intentional tax fraud must be prosecuted as felonies while grossly negligent criminal evasion of tax liabilities is treated as infractions. The law considers all business activities inside or rendered inside Germany are subject ...

Executive Summary

The fourth amendment is the part of America’s bill of rights that protects the citizens against invasion of their by the authorities without a court search warrants. It originated from a series of court decisions and tribunals (precedents) rather than the actions of the executive or the statutes of the legislature. It also has a common law background dating to the 1600s when America was part of the British colonies .
In 1765, Judge Lord Camden established that the government was not allowed to carry out search and seizure unless specified by law. Ruling in a case (Entick vs. Carrington) where Entick ...

Essay

Back in 1791 when the Fourth Amendment to the US Constitution was enacted all people were guaranteed “[t]he right … to be secure in their houses… against unreasonable searches and seizures.” (Carter) It is stated in the Fourth Amendment that a police officer must receive authorization from an independent judge to perform a home search which is basically obtaining a warrant and the purpose of the search should be proven. However the situation is changing nowadays. At this time the police have the right to conduct warrantless home searches if they suspect that evidence may be destroyed inside the house. This issue ...

Abstract

The United States Bill of Right is scattered in several Amendments of the Constitution due to the progressive developmental history of the U.S law and Constitution. Each amendment either introduced a new right or enhanced on the existing one. Of essence to my discussion, however, is the Due Process Clause was introduced in the American Bill of Rights by the Fourth Amendment to the U.S Constitution. As per the Amendment, no state should deprive any person his or her life, liberty, or property without following the due process of the law. In the Fifth Amendment, a similar stand was ...

If the police tap into the local telephone exchange of AT&T to know when a certain phone number becomes active with users without a warrant, the case will face a very difficult suppression motion. There is a safeguard against such processes; the Fourth Amendment. Hypothetically, if the police attempt to stake out a suspect’s location and try to get information whenever someone makes a call from the property, a warrant becomes mandatory. However, it is surprising the courts find that a warrant is unnecessary. The interpretation of the law should coexist along with the context in order to ...

Introduction

According to the Federal Bureau of Investigations, organized crime is any organization having some sort of formal structure with the main objective of making a profit through illegal activities. The groups typically maintain their position in society through the uses of violence, bribery, and extortion and have significant impacts on the development and security of a nation. It is therefore very critical to control organized crime so as to reduce its local, national, and regional impacts.

Problems Created and Relationships Established by Organized Crime

In recent years, organized crime has shown increased capability in adapting to rapid changes in the economic, political, and social spheres (Mezoul, 2012). ...

1. Explain in detail the Exclusionary Rule.
The Exclusionary Rule is the rule that is generated by the law under the constitutional rights. It does not allow the use of any of the non-legal obtained proof in the trials for criminal under the fourth amendment. It will usually apply for the elimination of the physical evident. The best example of exclusionary rule is stolen property, murder, or weapons that allows the police to catch a break in a case under the rights of the fourth amendment. The exclusionary rule could be under the Fifth Amendment, when no person can ...

Can you (or Mr. Youprop’s Supervisor) search Youprop’s personal vehicle parked in the Company lot for digital evidence?

No. The situation that has been developed after the incidence with Mr. Youprop is a matter that needs to be handled delicately because of the possibility of application of the 4th amendment. Privacy, particularly in areas of work has been an issue that is steadily gaining attention from the justice system. More people are currently concerned with matters of employee searches, be it their personal property or their workspaces. Workers such as Mr., Youprop are usually searched when they are suspected of theft. One of the best ways to handle this issue with minimal law infringement would be, first ...

English

Introduction
With the growing security threats in the United States such as the 9/11 attacks that claimed the lives of many Americans and foreigners, the National Security Agency put in place security measures that will ensure that the United States’ government is able to monitor its citizen’s communication. Despite the security concerns, the American constitution defends the rights and freedoms of speech of the people by upholding the principles of free living. Consequently, there have been varied reactions on the government’s efforts to monitor the communication in the interests of national security. These opponents of the ...

The Police Work

The confession is the title of the video clip that I will be discussing in this paperwork. I will, therefore, identify the positive or notable actions by the police, any issues with police behavior that cause my concern, any illegal or unconstitutional acts by the police , and finally specify the constitutional Amendments the police actions may have violated in the course of duty as depicted by the video- the confession. The confession is written and directed by Ofra Bikel.
As illustrated by the video, the confession, it is clear that those people, law enforcement officers, who misuse their ...

The Police

In this paperwork, I am going to discuss the video, the confession, depicting the positive or notable actions portrayed by the police and any issues with police behavior that cause my concern. I will also discuss any illegal or unconstitutional acts by the police, therefore, specifying the constitutional Amendments the police actions may have violated.
The Confession is a video written and directed by Ofra Bikel. The video revolves in the context of the rape and murder of Michelle. Daniel William, Michelle neighbors, called the 911 after the incident had happened so as to establish the cause of the ...

The Fourth Amendment to the US constitution protects individuals from unreasonable searches (in their houses, persons, effects and papers). Police ought to convince a judge that they have reasonable evidence before they are given a search warrant. Criminal defendants might raise this in court if their right was abused (Levy et al. 86). The Sixth Amendment ensures that criminal defendants are accorded a public and speedy trial by a jury that is impartial and within the jurisdiction of where the case was committed. The eighth amendment protects criminal defendants from punishments that are cruel and unusual.
The Fourth amendment to the constitution ...

Criminal Procedures Constitution and Society

Prosecutorial Misconduct Problems
Overview
In legal terms, prosecutorial misconduct is referred to as procedural defense wherein a defendant may argue that they should not be held liable to any criminal acts leading to breaking the law on the grounds that the prosecution intervened in an unacceptable manner (West, 2010). Examples of the problems arising from prosecutorial misconduct are warrantless arrest and or a one-sided prosecution investigation to incriminate a particular person. This leads to biased and selective prosecution entailing a non-favorable Court decision.
(1) Describe and explain the rules, cases and reasoning of justices regarding warrantless arrests, according to your ...

GRAHAM V. CONNOR 490 U.S. 386 (1989)
Graham v. Connor 490 U.S. 386 (1989)
The case, Graham v. Connor (1989) was filed by Dethorne Graham, a diabetic, who was seeking reparation for the injuries he sustained when he was accosted by authorities when they were stopped by Officer Connor of the Charlotte Police. On November 12, 1984, Graham had suffered an insulin attack, and had requested his friend, William Berry, to drive him to a nearby convenience store to buy sugar to counter the attack. Once in the convenience store, Graham saw the long queue in the checkout counter, ...

When we heard about stop and frisk, what comes first in our minds? Is stop and frisk policy important in the community? Stop and frisk is a situation in which a certain police officer who has the suspicion to a person, detains the person, and runs his hands over the outer garment of the suspect lightly for a purpose to determine if the person or suspect carries a concealed weapon. The stop and frisk search is one of the most controversial police procedures. When a police officer let a person stop, it is different from an arresting the person. Generally, frisking is limited to patting down ...

Criminal Law

Abstract
This paper will provide the guideline or procedure for two undercover detectives to their first Ruckus Society training camp on the do’s and don’ts during criminal investigation based on the permissible limits provided by law. The paper will discuss the constraints, legal and ethical ramifications of undercover police task while infiltrating the Ruckus Society training camps. The criteria had been established beforehand to serve as the policy for the two undercover officers with regard to intervention and preventing the commission of crimes to which they have personal knowledge. At the same time, there will be ...

Individuals on probation or parole find themselves in a rather peculiar situation for even though they are no longer in prison they are nevertheless considered to be still in jail.
When a person is released from jail and placed on probation or parole, they are given a manual detailing all the conditions for their probation or parole. The parole officer can then add or eliminate some of these conditions. These must be in writing.
Part of the requirements for probation or parole is that the parolee must agree to an absolute waiver of the Fourth Amendment rights, which demands that ...

The dual court system is perhaps among the most important and the most perplexing traits of the judicial structure and system in the United States. As a result of having a dual court system, both state and national levels of government in the United States have their own set of courts. Each state in the United States and the District of Columbia has its own separate court system, and the federal government has its own separate court system as well (Neubauer, 2002). The United States has a dual court system because of the federal system of government established by the United States ...

Introduction

Every US citizen has a right not to have their privacy unreasonably intruded into according to the Fourth Amendment to the US Constitution. Moreover, under this Amendment, search warrants shall not be issued to law enforcement officers unless there is probable cause that particularly describes the specific place that the police needs to search or the things subject to seizure. In the state of Florida, for example, the requirements of a search warrant are provided under Chapter 933 and include the existence of probable cause, search for only the property specified in the warrant, supported by an affirmation or ...

Discussion on Various Topics

The problem relates to how marijuana should be legalized throughout the United States. There are now twenty-four U.S. jurisdictions that have enacted medical marijuana laws (MMLs), or laws that protect individuals who use marijuana upon recommendation of physicians, farmers who plant and supply the market, and doctors who issue prescription regarding use of marijuana (Smart 1). The legalization of medical marijuana will create a need for change, for example, new laws, policies, knowledge of medical and psychological effects, and education to help people understand the proper use of marijuana.
There are many issues to be resolved if legalization of ...

Abstract

This article will examine the validity of arrests made by police officers upon appeal of the defendants claiming that their 4th and 5th amendment rights have been violated by the police officers. This paper will present to cases decided by the US Supreme Court that will explain if the arrests made by the police officers were valid and the issues raised by the defendants in accordance to the rights under the 4th and 5th amendment. There will be a discussion on whether the ruling of the Supreme Court was justifiable. There will also a brief discussion on the exceptions ...

The Fourth Amendment protects citizens from unlawful search and seizure of property without a warrant. The aim of the amendment is to make sure that the law enforcement agencies do not overstep their mandate when executing their duties. Additionally, the amendment is meant to ensure that the citizens’ right to privacy is protected. The Mapp v. Ohio case brought out some fundamental facts regarding the Fourth Amendment. The Supreme Court ruled that the law enforcement officers breached the Exclusionary Act, which is contrary to the spirit of the U.S Constitution. The evidence used against Mapp was obtained illegally; therefore, ...

Introduction

Criminal law and even general law enforcement have several rules and regulations that are implemented in order to procure a more stable and relatively just and safe environment for the people of a country. The Constitution allows several statutes which determine how criminals and deviants are supposed to be treated. This is important so that their treatment and procedure of treatment serve as a deterrent for the rest of the people, and they are able to understand how truthfully justice has been served. There are several domains of this procedure as described in criminal law and comes under search ...

Business Law

Without the Supremacy Clause, there would always be overlapping and conflicting federal and state law. The Supremacy Clause ensures that federal law always preempts state law if there is a conflict. In the absence of a Supremacy Clause, there would be a floodgate of litigation regarding choice of law questions and which law applies to a particular case.
In this case, Wyeth did act ethically because if a large drug-manufacturing company immediately admitted to liability every time a plaintiff sued, alleging negligence, the company would surely go bankrupt. In the face of a civil suit, the company is entitled ...