The Fourth Amendment addresses the right of the person to be secure in their person‚ house‚ papers‚ and effects‚ against unreasonable searches and seizures‚ and warrants as they relate to probable cause (2012). Specifically‚ the procedural rights of the fourth amendment require law enforcement to follow guidelines regarding the search and seizure of persons and property and address the steps for illegally obtained evidence. Searches‚ defined as the exploration or inspections of homes‚ offices
Premium Fourth Amendment to the United States Constitution United States Constitution Crime
The Fourth Amendment to the Constitution states that people have the right "to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚" but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States
Premium United States Constitution Fourth Amendment to the United States Constitution Searches and seizures
Fourth Amendment Ashley J. Peterson Constitutional Law Steve Areges Kaplan University 1/13/2010 Fourth Amendment The Fourth Amendment is important not only to the citizens but for our law enforcement as well. The Fourth Amendment is still evolving today‚ as common and statutory laws change so does our Fourth Amendment. This amendment has come a long way and will continue to serve us in our best interests for as long as we live‚ whether we agree of disagree. “The right of the people
Premium Police Search and seizure Law
"The fourth amendment of the Unified Conditions of America constitution peruses as takes after; The privilege of the general population to be secure in their people‚ houses‚ papers‚ and impacts‚ against outlandish quests and seizures‚ might not be disregarded‚ and no warrants should issue‚ but rather upon reasonable justification‚ bolstered by Vow or attestation‚ and especially portraying the place to be sought‚ and the people or things to be seized." It produced results on December fifteenth 1791
Premium Fourth Amendment to the United States Constitution
Abstract “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” (Hudson‚ 2010‚ p.363). In this essay we will explore what is reasonableness under the Fourth Amendment. A discussion of consensual encounters vs. detentions
Premium Fourth Amendment to the United States Constitution United States Constitution Law
The statement‚ “The Fourth Amendment protects people‚ not places‚” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses‚ papers‚ and defends them against unreasonable searches and seizures. However‚ to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant‚ give the government strict to stipulations as to how they are able to rightfully obtain information
Premium United States Constitution Fourth Amendment to the United States Constitution Supreme Court of the United States
In this essay I will be discussing The Fourth Amendment rights as they pertain to search and seizure‚ with and without warrants and why they are so important. The Fourth Amendment guarantees the right of the people to be secure by their persons‚ houses‚ papers and effects against unreasonable searches and seizures‚ shall not be violated and no warrants shall be issued but upon probable cause. Supported by oath or affirmation‚ and particularly by describing the place to be searched and
Premium Fourth Amendment to the United States Constitution United States Constitution Law
been able to fathom the modern men of zeal fighting the “War on Terror”. The modern era has carried questions of how far the Fourth Amendment and the right to privacy should and does extend to protect the rights of the individual. With advancing technology‚ there are more legal lines to be drawn in the sphere of privacy as well as determining how far the Fourth Amendment extends. Some of these topics include government watch lists‚ mass
Premium United States United States Constitution Political philosophy
Not all people feel secure and safe in the United States‚ but something that helps people feel more secure is the fourth amendment‚ which prohibits search and seizure of a person or property without a warrant. The amendment preserves the privacy of the people because it makes sure that no one can just search you or your house‚ unless of course‚ there is a good reason. The fourth amendment also protects peoples’ personal property because‚ there must be a warrant before investigators can touch a person’s
Premium Fourth Amendment to the United States Constitution Law Police
Constitution and the Bill of Rights‚ the Fourth Amendment can be best defined as an amendment providing 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‚ 2012). In general terms‚ the Fourth Amendment protects from illegal
Premium Fourth Amendment to the United States Constitution United States Constitution Law