evidence. The New Jersey Supreme Court then reversed the decision and ruled that the exclusionary rule of the Fourth Amendment applies to the searches and seizures made by school officials. The case then went to the United States Supreme Court. The first thing the U.S Supreme Court did was ordered to rehear the argument about the question of whether the assistant principal violated the Fourth Amendment in T.L.O’s case. After rehearing the argument the court in a 6-3 decision written by Justice Byron R. White
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protection from corrupt police and government officials. A common Amendment that most Americans don’t realize we have is the Fourth amendment. The Fourth Amendment gives us protection against arbitrary searches and seizures without a proper warrant. It was first used to prevent the use of writs of assistance which is blanket search warrants with which the british custom officials had invaded homes to search for smuggled goods. As the fourth amendment has changed and evolved in its meaning over time‚ many Supreme
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Presented Is the warrantless search of Joe Green‚ who was arrested for larceny and drug possession after being detained by police on the lookout for someone who stole a backpack and matching the description of someone wearing a light red shirt‚ black pants and white sneakers‚ legal? Short Answer Yes. Mr. Green fit the description of a current suspect for whom a lookout was announced. He was noticed by the police and then detained. He was frisked by the arresting officer. Searches are deemed reasonable
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Today’s application of the Fourth Amendment would surprise those who drafted it and not just because they could not imagine technologies like the Internet and drones. In the eighteenth and early nineteenth centuries‚ policing consisted of citizen patrols or a loose collection of sheriffs and constables‚ who lacked the tools to maintain order as the police do today. That said‚ to determine if the right to privacy is a threat to our national security‚ I reviewed the Fourth Amendment‚ the government’s use
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Warrantless Search & Seizure Criminal Procedure/CJA364 July 11‚ 2013 Russell Galbreath‚ MPA Warrantless Search & Seizure Introduction Navigating the Fourth Amendment and the law of warrantless searches and seizures largely involves case law rather than statutes‚ and today’s principles are the results of more than 200 years of judicial evolution. The constitution has been the back bone of the United States legal system since it was first written and signed by our founding fathers. This document
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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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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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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 was the fourth amendment. The next day‚ something even more shocking and kind of terrifying thing happened. And this happened with my music teacher‚ Mrs. Bailing. During music period‚ I usually go on my phone because I am a saxophone player‚ and saxophones
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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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Dylan J. Lovas. 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
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