I. THE FOURTH AMENDMENT SHOULD CONTROL MALICIOUS PROSECUTION CLAIMS INVOLVING PRETRAIL DETENTIONS WITHOUT PROBABLE CAUSE Years ago this Court instructed that the Fourth Amendment should be used to analyze allegedly unconstitutional “detention[s] of suspects pending trial.” Gerstein v. Pugh‚ 420 U.S. 103‚ 125 n.27 (1975). Since then this Court has reaffirmed that the “detention of criminal suspects” is “governed by the provisions of the Fourth Amendment.” Albright v. Oliver‚ 510 U.S. 266‚ 274 (1994)
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Please read: a personal appeal from Wikipedia founder Jimmy Wales Read now Fourth Amendment to the United States Constitution The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures‚ along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance
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The First Amendment The First Amendment to the U.S. Constitution is part of our countries Bill of Rights. The first amendment is perhaps the most important part of the U.S. Constitution because the amendment guarantees citizens freedom of religion‚ speech‚ writing and publishing‚ peaceful assembly‚ and the freedom to raise grievances with the Government. In addition‚ amendment requires that there be a separation maintained between church and state. Our first amendment to the United States Constitution
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IV Amendment The Constitution‚ through the Fourth Amendment‚ protects people from unreasonable searches and seizures by the government. The Fourth Amendment‚ however‚ is not a guarantee against all searches and seizures‚ but only those that are deemed unreasonable under the law. Whether a particular type of search is considered reasonable in the eyes of the law‚ is determined by balancing two important interests. On one side of the scale is the intrusion on an individual’s Fourth Amendment rights
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The Fifth Amendment dates back to the 17th century‚ in England. They used it to protect their citizens. It was designed to protect us just like it protected the people in England. It protects us against government authority in a legal procedure. Amendment 5 states‚ “No person shall be held to answer for a capital‚ or otherwise infamous crime‚ unless on a presentment or indictment of a Grand Jury‚ except in cases arising in the land or naval forces‚ or in the Militia‚ when in actual service in
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Amendment XII Have you ever wondered if the presidents and vice president votes would be counted as one? After the 1800 Presidential Election‚ the 12th Amendment was adopted to fix a flaw in the Constitution that had allowed Thomas Jefferson to tie in the Electoral College with his vice presidential candidate Aaron Burr. The election was then sent to the House of Representatives‚ which required 36 ballots to finally elect Jefferson president. The 12th Amendment specifies that electors should
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16th Amendment- Status of Income Tax Clarified. Ratified 2/3/1913 What it is- The Congress shall have power to lay and collect taxes on incomes‚ from whatever source derived‚ without apportionment among the several States‚ and without regard to any census or enumeration. Reason for ratification- In 1895‚ in the Supreme Court case of Pollock v Farmer’s Loan and Trust (157 U.S. 429)‚ the Court disallowed a federal tax on income from real property. The tax was designed to be an indirect
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14th Amendment: After the 13th amendment was ratified‚ all the slaves were set free from their masters. But as time passed‚ the white people still treated them like a minority and in many ways it was as if they were still slaves. Yes‚ they were free to go wherever they wanted without being punished‚ but they were still not able to do many of the things that white people did. It was as if they had never really been freed. The Emancipated slaves suffered through terrible injustices and faced major
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The 19th Amendment was one of the most important pieces of legislation as far as women in the United States were concerned as it granted them the right to vote. Previously‚ they were only “represented” by their husbands and fathers‚ it was a time of transformation in women’s history. The women’s rights movement of the mid-nineteenth century focused attention on Constitutional rights for all U.S citizens which included: the right to own property‚ access to college‚ suffrage‚ and the right to have
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government. There are 33 amendments to the United States Constitution that Congress proposed as ratification since the Constitution was in effect since 1789. The fourth amendment to the United States Constitution declares that people must be secure in their homes and their persons against unreasonable searches and seizures. Additionally‚ the fourth amendment is part of the Bill of Rights was adopted by Congress and became effective in 1791. The relationship the fourth amendment has to constitutional
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