readings the plain view doctrine states “that items that are within the sight of an officer who is legally in a place from which the view is made may properly be seized without a warrant—as long as such items are immediately recognizable as subject to seizure”. There are some requirements of the plain view doctrine. One requirement is the awareness of the items solely through the officer’s sight. Another requirement is that the officer must be legally in the place of where the item is seen. There are a
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The Constitution and The facts The Constitution contains the ten amendments all of which I will explain in this essay. I will also explain some key facts of which the Constitution is written by and some of the dates in which key points of the Constitution occurred. The Constitution is a very important document which was created more than two hundred years ago. The first amendment is the amendment of is the freedom of religion‚ speech‚ assembly‚ and press. Congress can make no law establishing
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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
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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. It was ratified into the Bill of Rights on December 15th‚ 1791 and is the section that protects us against illegal and/or unreasonable searches and seizures of our homes‚ person or property and was drawn from the “Every
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how often carding takes place and asks the question that is the legal issue is carding individuals a violation of the charter? The canadian charter of rights and freedoms states “8 Everyone has the right to be secure against unreasonable search or seizure. 9 Everyone has the right not to be arbitrarily detained or
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governmental searches and seizures‚ but not those done by private citizens or organizations who are not acting on behalf of a government. An important test case of the Fourth Amendment was Katz v. United States (Document A). This case showed that if a person seeks to keep as private‚ even in an area accessible to the public‚ may be constitutionally protected. But‚ in the case of DLK v. United States of America‚ did the government go too far in using its power of search and seizure? There are three
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The Fourth Amendment protects citizens from unreasonable searches and seizures; however‚ it does not guarantee against all searches and seizures if there is reasonable doubt. Searches are determined on two important interests. The first is the intrusion on the individual’s Fourth Amendment Rights; the second includes legitimate government interests such as national security. What constitutes a reasonable suspicion? Where must a public official draw the line? How should one address any “gray area”
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Amendment rights were violated and thus his suppression motion should be granted. The Fourth Amendment of the U.S. Constitution states: 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. U.S. Const. amend. IV The Fourth Amendment
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would protect citizens from a government that would potentially overstep its boundaries. The Fourth Amendment was included in the Bill of Rights as one of the guarantees afforded to all citizens protecting rights to privacy and illegal search and seizure. In today’s society with the new technologies for surveillance‚ the government is able to closely watch its citizens. It is questionable to some whether this is a violation of the fourth amendment. It is necessary to have an amendment in place that
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Constitution provides that "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” (Buren). Searches and seizures of someone’s home without a warrant are presumptively unreasonable. However‚ there are some exceptions. A warrantless search
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