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Freedom Against Unreasonable Search and Seizure

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Freedom Against Unreasonable Search and Seizure

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  • Feb. 2006
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As said by the Fourth Amendment, " the right of the people to be secure in their persons, houses, papers, and effects, against an unreasonable search 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 be seized." In simplest terms the Fourth Amendment says that all searches are to be conducted under authority of a warrant( Barany). Many times this amendment is violated which can result in the dismissal of a case, release of a guilty suspect, or the arrest of an innocent individual that was not properly been given his or her rights. In this paper topics involving the violations and exceptions of the many prongs of the Fourth Amendment including: probable cause, Terry vs. Ohio, exceptions to warrantless search and seizures, racial profiling, rights we are awarded, and the Miranda Warning. The Fourth Amendment has many off shoots and I will try to cover the basics, so that you as a reader can more thoroughly understand your rights and privileges as well as the rights that you do not have in many circumstances.

Probable cause forms the basis of warrants, supported by the oath of affirmation. Many different definitions of probable cause are known, ranging from what a person with reasonable caution or prudence would believe in connection with a crime or criminal offender to what would make a reasonable person to more probably than not believe a guilty rather than innocent interpretation of facts, hearsay, or a combination of those two. This is considered the " more probable than not" test. Probable cause in most instances results in searches and seizures, many being unreasonable. A search is defined as an invasion of personal privacy. This privacy is only what people themselves deem to be private and what us as a society recognize as private and protected. Many do not know that the Fourth Amendment does not protect...