THE HISTORY AND SIGNIFICANCE OF THE FOURTH AMENDMENT "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." -Fourth Amendment to the United States Constitution (4) A search as described in the Constitution
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In my opinion‚ I believe that the 4th amendment is both good and bad depending on the circumstances. Sometimes there are people who blatantly have drugs that the cops can’t frisk off until they have the warrant. By the time the police get the warrant‚ said suspect could have already gotten rid of the drugs. However‚ this also works the other way. Sometimes‚ the police search other people that they have false evidence on. Then this innocent person gets searched and it makes the searched person look
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What is the 4th Amendment? The 4th Amendment is part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. What are some concerns a crime scene investigator or detective should be aware of? Some concerns a crime scene investigator should be aware of include paying attention to details and watching their surroundings. Photography everything because you can never have too many photos‚ take
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exclusionary rule is required under the Fourth Amendment. “In all cases‚ the search must be conducted when there is probable cause. If an officer fails to execute a warrant before probable cause has dissipated‚ then any resulting search is violative of the Fourth Amendment‚ and the fruits thereof are subject to the exclusionary rule. This is true even if the search is conducted within the period of time set by law” (Hall‚ 2014‚ p. 411) The Fourth Amendment‚ or the Bill of Rights for that matter
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Brown did what he had to do. He did not do anything illegal‚ so Tim‚ please go back to your current class and you may forget about this situation‚” Mr. King said as if he was very annoyed by me. My day ended like that. A very shocking‚ weird situation. I remembered a few months ago‚ we learned the Bill of Rights at school and that we have the right to be secure in our homes‚ and not be searched without a warrant. However‚ because of the change of the president‚ he got rid of that amendment which
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A critical point to be noted is that the Fourth Amendment only applies to government action‚ which includes deputized individuals or those acting at the direction/behest of law enforcement. Additionally‚ the Fourth Amendment requires not only an actual expectation of privacy‚ but also‚ a societally recognized‚ reasonable expectation of privacy in the place or area searched. The Fourth Amendment has been interpreted to: require that searches and seizures be reasonable; and prohibit warrants except
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Patty Blanchard Intro to Law 12/4/12 Final Research Paper George Orwell warned us about this in his novel 1984; He claimed that by 1984‚ Big Brother would be able to watch our every move‚ and that day is essentially here. It is nice to know that there are laws and officials out there to protect citizens. They are essential to keeping everyone safe‚ and making sure criminals face justice‚ but it raises the question of how far are these officials able to go before they are unreasonably invading
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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 extremely broad
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Within Chapter 2 of The New Jim Crow‚ Michelle Alexander talks about the Fourth Amendment‚ which warrants against unreasonable search and seizure‚ which is rarely mentioned today. I then realized that the problem now is that we are not told about our civil rights and liberties‚ which results in our loss of agency and power. This especially happens to more disenfranchised groups such as African Americans and Latinos‚ in addition to other racial and ethnic groups deemed “suspicious”. To those who believe
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The Fourth Amendment protects against illegal search and seizures. This means that a U.S. citizen cannot have themselves‚ homes and/or possessions searched or confiscated by law enforcement without a legal warrant. It pretty much protects citizen’s privacy. But there are positive and negative effects from this. It protects the citizen’s from law enforcement from searching on the spot without legal documentation authorizing it. On the other hand‚ thou‚ it could help criminals dispose of evidence while
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