Essays on 4th Amendment

Search and seizure legal procedures draw much controversy because most people have a high level of expectations regarding privacy. This high level of expectations can be traced back to England’s ‘castle doctrine’ wherein the law recognizes the right of a person to defend one’s home or property from unlawful entry (U.S. Government Publishing Office, 1992, p. 1199). Such expectations regarding privacy, however, is not absolute. In fact, the law provides that intrusion on private property can be made lawful under certain circumstances prescribed by the law. There are several provisions under the United States constitution that can ...

The paper highlights six prominent cases of their time and causes of seizure and warrant of these cases. The facts involved in cases and courts ruling in making decisions are explained in the paper. It focuses on Mapp v. Ohio, Terry v. Ohio, Tennessee v. Garner, Carroll v. U.S., Graham v. Connor, and U.S. v Leon. According to the 4th amendment of the U.S. Constitution, people have the right to feel secure in their homes and without proper court consent police should not be allowed to breach their personal property. Furthermore, a search warrant is to be issued by ...

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 ...

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 ...

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 ...

Introduction

Before this case of Mapp v. Ohio, it was inadmissible in a federal court of law to use evidence that had been obtained in violation of the 4th amendment, if federal officers had obtained that information. On the other hand, in a state court, law enforcement officers – whether federal or state - could take evidence seized in violation of the amendment and present it to the state courts. As a result, someone could be prosecuted criminally in state courts based on evidence acquired in breach of the 4th amendment. Mapp v. Ohio is a benchmark case that led to ...

The statue of liberty has for a long time been a symbol of national independence, a fable of freedom and prosperity that American’s have been admired while at the same time been hated for the freedom that most countries desire. The song that most American’s have been chanting has been revolving around how much effort they need to put in protecting and fighting for their freedom, a common voice that has yielded fruit as demonstrated by the first amendment. In the road to freedom, a lot has been achieved, but all the achievements are on the verge ...

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 ...

Introduction

The US Constitution guarantees many of the rights of the individual citizens. One of the rights guaranteed is the right to peaceably assemble. The Bill of Rights states in part that “Congress shall make no law respecting an establishment of religion, or the free exercise thereof [] or the right of the people to peaceably assemble” (First Amendment [emphasis added]). The 14th Amendment, on the other hand, ensures that states enforce this guarantee and all other civil rights guaranteed under the Constitution. The core issue in the present study is the right of the fans of Big Bad Bruce to ...

Abstract

One of the issues that have garnered massive media attention is terrorism. Terrorists have attacked various places causing massive loss of human life and property. The September 11 attack on America signalled to its administration that it had to re-examine its security policies. It believed that the attack was instigated by its ignominy to control the security situation in within its jurisdiction and undoubtedly the citizens’ overprotection by the constitution. The government made a decision to severely scrutinize the citizens. The previous privacy that the 4th constitutional amendment granted the Americans was later disregarded and president bush took it to ...

In the history of the United States, the security of the nation has always been valued at the expense of civil liberties and freedom. In the 21st century, the implementation of US PATRIOT Act meant to increase security seems to have increased violation of civil liberties and the Fourth Amendment of the bill of rights. The Fourth Amendment focuses at prohibiting any sort of unreasonable seizures and searches. On the same note, the 4th Amendment focuses on ensuring that a warrant should be used in case of a search (Schulhofer, 2012). The US PATRIOT Act has tremendously depleted the rights to ...

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 ...

Poor Performer Evaluation

- What are the HR issues that arise in this scenario? - Where the college being the employer, is concerned, the decision that is taken by an employee to drink or use drugs is that employee’s prerogative, but when the use contravenes with their ability to carry out their duties, then the Human Resource Manager of the college will have legitimate issues. These issues are the way in which the employee’s duties are performed, issues with safety and health, the conduct of the employee and safety issues in the workplace. - Does the college have ...

When the founders of United States of America ratified the Bill of Rights in 1791, they could not have imagined the technology we use and rely on today. The 4th Amendment of the U.S. Constitution was intended to provide the American public with protections from unwarranted government intrusion into their most private property. While the language used in writing the 4th Amendment has been broad enough to function fairly well for more than two centuries, the rise of personal computers and internet technology has created a wave of questions and court cases about what data and communications receive 4th Amendment ...

Graham v Conner490 U.S. 386 (1989) Graham v Conner490 U.S. 386 (1989) Facts of the case- Graham, the petitioner was a diabetic patient who requested his friend to drive him to a convenience store as he desperately needed orange juice in order to calm insulin reaction. He rushed to the store but due to a long queue, he asked friend to drive to one of his friend’s house and left store in haste. Seeing graham entering into store, buy nothing and leaving in haste, Conner, who was a police officer, stopped both of them in order to probe. Graham was ...

Graham v. Conner 490 U.S. 386 (1989)

The Plaintiff (Graham) is diabetic and he had been feeling awful after an insulin reaction. A friend took the plaintiff to the store but because the queue at the store was too long so he hurriedly left the store and his friend drove him to their friend’s home for juice. A police officer, on seeing the plaintiff hurriedly leave the store, was suspicious and trailed the car. He stopped the two after trailing them for one mile. The plaintiff’s friend told the police officer that Graham was having a “sugar reaction” ( ...

The Bill of Rights is a collection of the first ten amendments of the United States Constitution. The rights protect the liberty, natural rights and the property of American citizens (Vile, 2010). The following is an analysis of three of the amendments and a reviewing of one of the amendments.

Amendment 1: Freedoms, Petitions and Assembly

Overview This amendment states that congress shall make no laws that undermine the right of the people to exercise the freedoms to assemble, speech, press and petition the government (ushistory.org). It outlaws the establishment of a state or federal religion and gives people the freedom to assemble and belong to religions ...

Arguably, the rule of law has taken tremendous amendments to be the way it is today. The 4th amendments are one of the laws that affect many people in a nation. Peace officers in this case are not an exception. The 4th Amendment in one way or another is viewed by scholars to be contradicted, since it favors other people while oppressing the work of others. Critically, the 4th Amendments have been found to be a factor to increased crime rate, and at the same time opposing the search and the peace process. The 4th Amendments give individuals the right to ...

In the case of the State of Arizona v. Gant, the question being addressed before the court was whether or not, under the 4th Amendment, law enforcement officers need to have their safety threatened or a need to preserve evidence in order to search a vehicle without a warrant after the occupants have been arrested. Arizona state police arrested Rodney Gant on an outstanding warrant for driving a motor vehicle with a suspended license. The officers handcuffed Gant and he was placed in their squad car. He was locked inside of the car. After Gant was secured, police searched his vehicle. They found a ...

Probable Cause and Criminal Procedure

The GPS Act Would Safeguard the Rights of the Innocent U.S. News

New technologies are improving our quality of life but there are also issues surrounding their indiscriminate use, especially when used in the course of law enforcement. One application that is causing a great deal of controversy is the Global Positioning System (GPS) tracking technology that allows real-time management, monitoring, and protection of data and personal property. Unfortunately, these technologies can also be used to track private citizens without their knowledge.

There are many people who feel that the use of a GPS system to track an individual or ...

The Exclusionary Rule

“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.” The Fourth Amendment of the U.S. Constitution

The Exclusionary Rule

The United States Supreme Court has interpreted the 4th Amendment to require that law enforcement officers obtain a warrant prior to search, and that said warrant satisfy two conditions (1) probable cause, and (2) particularity. Under the Exclusionary Rule, ...

“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.” The Fourth Amendment of the U.S. Constitution

Common Law Background of the Fourth Amendment

Semayne’s Case 5 Coke's Rep. 91a, 77 Eng. Rep. 194 (K.B. 1604)

Facts

Richard Gresham and George Berisford shared a home in London. Berisford died and left his belongings to Peter Semayne. Semayne had to sue Gresham to ...