Fourth Amendment to the United States Constitution Essays & Research Papers

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...

Abstract This paper will investigate the fourth amendment, unlawful search and seizure, and will explain what is considered to be unlawful and what is not. This paper will also discuss the right of privacy that Americans are entitled to as citizens of the United States. Events that have marked history in regards to the fourth amendment will also be explored, explaining the nature of searches and the key components that coincide. The court ruling in the historic case of Arizona vs. Gant will...

The Fourth Amendment The Fourth Amendment is Search and Arrest. This amendment assists and allows individuals to be safeguarded within his or hers homes, documents, and personal property, against unwarranted seizures and searches, the individual should not be intrude upon, warrants will not be issued, except reason for probable cause, assisted by Oath or declaration, and above all, defining the place to be investigated, and the individual or belongings to be seized ("Bill Of Rights And Later...

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...

According to the Fourth Amendment, The right of people to be secure in their persons, houses, papers, against unreasonable searches and seizures shall no be violated and no warrants shall issue, but upon reasonable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized. Protection from unreasonable searches and seizures requires police, if they have time to obtain a valid search warrant, issued by a magistrate after...

“Evolution of the Fourth Amendment” Week Six Assignment Criminal Law By Robert Schmitz 10/13/2013 The fourth Amendment of the United States Constitution states that every person has the right to “be secure in their persons, houses, papers and effects against unreasonable search and seizure.”(Brooks). However, this right was not always protected in court, criminal defendants would have to sit and watch as evidence was...

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...

 Robert Jones Unit 3 Assignment Fourth Amendment 1/13/2015 IS3350 Mr. Pragel The Fourth Amendment of the United States Constitution requires that no law enforcement official has the right to carry out search or seizure unless a warrant has been first issued by a judge. The exceptions are: searches with consent, frisks, plain feel/plain view, incident to arrest, automobile exceptions, exigent circumstances and open fields, abandoned property and public place exceptions (Harr,...

The Fourth Amendment to the U.S. Constitution reads: 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 (The Free Dictionary 2013) In 1973, the Supreme Court case Cady v. Dombrowski created the “community caretaking...

Search and Seizure Tatiana Santos The Criminal Justice System CCJ 3024 Abstract The purpose of this assignment is to look in further to the rules and regulations, or rather; laws that police officials must abide by when executing their duties. These rules and regulations include search and arrest warrant in addition to protocol that the Courts oversee for public search and arrest. There are certain requirements that must be met by an officer in order to obtain a warrant. Such must...

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...

Weeks vs United States By: Daven Baker Historic Background  the U.S. Supreme Court used the common law rule and permitted States and federal courts to admit evidence gained by an illegal search to convict an accused offender  Common law – judges decided whether evidence that had little to do with a case could be admitted  Fremont Weeks was arrested at his business, where officers searched the site without a warrant  Evidence collected from the illegal search was used to convict Weeks of...

 New Jersey v. T.L.O. Questions INITIAL THOUGHTS: 1. When should the police have the right to search you or your property? - reasonable grounds to believe that a student possesses evidence of illegal activity or activity that would interfere with school discipline.” 2. When should a school employee have the right to search you or your belongings? - a school official may properly conduct a search of student’s person if the official has a reasonable suspicion that a crime has been...

When the police use searches or surveillance techniques that raises Fourth Amendment concerns and initial question that must be answered is: Did the person claiming the protection of the Fourth Amendment have a reasonable expectation of privacy that was invaded by the police actions? Consider the following examples and explain whether you think the person has a reasonable expectation of privacy. A person who is a short-term guest at a friend's home objects to a warrantless entry by the police...

The Fourth Amendment to the constitution protects United States citizens from unreasonable searches and seizures. Our forefathers recognized the harm and abuses that occurred in the colonies to innocent people by the British, and they made sure to write protections into the U.S. Constitution. Fearing the police state that any nation has the potential to become and recognizing that freedom and liberty is meaningless when victimization by the police is a real and foreboding threat the Fourth...

Fernandez v. California: Fourth Amendment Upheld? POL 303 August 4, 2013   The Merit case of Fernandez v. California is seeking to determine whether the Constitutional rights of Walter Fernandez were violated under the 4th Amendment when law enforcement conducted a search of his residence upon obtaining consent from his girlfriend, who was also a resident, after Fernandez was taken into custody (and had stated his objections to the search while at the scene). In Georgia v. Randolph...

Mink Johnson POLS 332i 11.15.12 United States vs. Leon 1984 U.S. Facts An informant told a police officer of Burbank, California, that Armando and Patsy Sanchez were selling drugs at their home and some at another location. Police then wanted to have an investigation on the two, since Sanchez had previously been in trouble with the law for marijuana use. Sanchez was thought to be was then linked to Richardo Del Castillo and Alberto Leon. A warrant was issued in the search of the drugs;...

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...

Sonia Chaudery Period 5 November 17, 2014 New Jersey V. T.L.O. New Jersey v. T.L.O. (1985) was about a 14 year­old female T.L.O freshman getting caught smoking with a companion in a restroom at Piscataway High School by a teacher. Smoking was only allowed at designated areas at the school, not the restroom. When they were brought to the assistant vice principal, Theodore Choplick, to be questioned, T.L.O.’s ...

The Fourth Amendment of the United States Constitution requires that no search or seizure shall be carried out unless a warrant has been issued. The exceptions are: searches with consent, frisks, plain feel/plain view, incident to arrest, automobile exceptions, exigent circumstances and open fields, abandoned property and public place exceptions (Harr, Hess, 2006, p. 219). Consent to search any property must be given by t actual owners or, as set forth in the United States v Matlock (1974) by a...

Bailey v. United States In this paper I will be discussing the case of Bailey v. United states. First we will be looking to see all the facts of this case to get a clear view of the issue at hand. Then we’ll cover what the issue is for this case, and why it would be an issue in accordance to the Fourth Amendment. I will make a stance in this paper about if I think the issue at hand is or isn’t a violation of the Fourth Amendment. The decisions of all the courts will be looked at, and...

Ermina Dedic Legal Brief 1 Name of Case: Dow Chemical Co. v United States. Court: U.S. Supreme Court Citation: 476 U.S. 227 (1986) Parties and their roles: Dow Chemical (Plaintiffs/Petitioner) and United States (Defendants/ Respondents) Facts: Dow Chemical operates a two-thousand-acre chemical plant at Midland, Michigan. The facility, with numerous buildings, conduits, and pipes, are visible from the air. Dow has maintained ground security at the...

All Americans are entitled to their rights. The Fourth Amendment states that we the people have to deny search and seizures from law enforcement without a warrant. The fourth amendment generally prohibits police from entering a home without a warrant unless the circumstances fit an established exception to the warrant requirement. According to the book The Constitution: Our Written Legacy by Joseph A. Melusky, the Fourth Amendment gives the right of the people to be secure in their person,...

4th Amendment In the Constitution of the United States of America, the first 10 Amendments are called, “The Bill of Rights.” The fourth amendment 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.” To this...

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...

 The 4th amendment is the part of the bill of rights that protects personal privacy and every citizen’s right to be free of illegal government intrusion into their homes or property. Under law the protection of the 4th amendment extends to an officer’s physical apprehension, by way of the apparent arrest or criminal violation. The amendment also offers protection from police searches of places and property in which the person has a legitimate intention of privacy. The 4th amendment gives...

Opinion of Guan Yin SUPREME COURT OF THE UNITED STATES No. 11-817 STATE OF FLORIDA, Petitioner, v. CLAYTON HARRIS, Respondent. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF FLORIDA Syllabus The case present before us involves the constitutionality of a dog sniff in regards to the 4rth Amendment. The respondent claims that the...

Probable Cause: Probable cause is the legal standard by which a police officer has the right to make an arrest, conduct a personal or property search, or obtain a warrant for arrest. While many factors contribute to a police officer’s level of authority in a given situation, probable cause requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime. Common examples of probable cause include the sight or smell of contraband in (plain view or...

• The 4th amendment is “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.” To me this means any law enforcement cannot enter or search your home or business and they cannot obtain any evidence without a warrant...

The 4th Amendment By Bryce Burtosky The 4th Amendment reads "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." The 4th Amendment idea that citizens should be protected from unreasonable searches and...

The Fourth Amendment of the United States Constitution states: Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause. This amendment impacts law enforcement because police need a warrant to make arrests and searches. This is not applicable if the officer has first-hand knowledge of an event and the evidence is likely to be destroyed or the subject will abscond if time is taken to get a warrant. If a warrantless search is made by the...

SECTION 1 You cannot be deprived of your life, liberty or property without any reason on their part and without giving an explanation or right be heard on your part on why you should not be deprive of your life, liberty or property. As regards to equal protection of the laws, it means the law applies to all, we are all protected by it, but we are all subjected to it once we violate its rules. Nobody shall be convicted without going through proper due process. SECTION 2 Before a police...

Confessions and the Constitution Where the increasing amounts of technology are constantly aiding in finding criminals and suspects, nothing has proven to hold up in court better than a confession. Although, there are rules and regulations as to how these confession will be allowed to be admitted into court, just like in all things. These rules and regulations are defined pretty clearly in the fourth, fifth, and sixth amendments of the constitution. In the Fourth Amendment, it is said...

Review: " Suspect Searches: Assessing Police Behavior Under the U.S. Constitution" The article "Suspect Searches: Assessing Police Behavior Under the U.S. Constitution," by Gould and Mastrofski explores the police usage of unconstitutional searches. Unconstitutional searches are those that are in violation of the fourth amendment. The fourth amendment rights, along with certain case laws put forth the guidelines for legal stops, frisks, and searches. Gould and Mastrofski perform a direct...

Introduction: March 7, 1980: two freshman girls in a New Jersey high school were caught smoking in the bathroom by a teacher. The teacher sent both girls to the principle's office since smoking in the bathroom was a violation of a school rule. Both girls were questioned by the Assistant Vice Principle, Theodore Choplick. In response to questioning by Mr. Choplick, one of the girls admitted that she was smoking in the bathroom. However, the other girl, T.L.O. denied that she had been smoking...

The Bill of Rights was a group of 10 amendments that were ratified to insure the new government did not have too much power and to make sure the citizens’ rights were protected. Of these 10 amendments, I feel there are 3 that stand out and are the most important. The 4th amendment, which prohibits unreasonable searches. The 5th amendment, which protects the right to a fair and speedy public trial by jury. And most importantly, the first amendment, which protects the freedom of speech and...

Legal searches of students Phillip Burleson Western Carolina University I am sure that most people will agree that the safety of our children is of an upmost importance. Based on the events in the past decade like those of terrorism and the school shootings schools have taken a preventive approach and this can have a big impact on a schools day to day operation. When there is an issue that has come about we learn from it and prevent it from happening again. Many parents hold the school...

The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, and provides that no warrants shall issue but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched and the persons to be seized. In order to establish probable cause, the officer must establish that there is a fair probability that the area to be searched contains...

Hayell – al Morusi The fourth amendment 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.” The fourth Amendment is the one that guarantees freedom from...

 Individual rights under the Fourth Amendment can make or break a case in trial. According to 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.” This is a United States...

A Different Perspective on the Law The United States has had an effective law enforcement system for hundreds of years, which has revolutionized itself starting with the implication of the Constitution to the lawless west and effectively to where it is today. The American criminal justice system has many branches and occupations, all of which focus on a common goal of keeping our nation as safe as possible. In the following paragraphs, I will discuss an interview with a San Diego Police...

The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around....

To understand the impact of Terry v. Ohio, I feel it is important to first review the Fourth Amendment. The Fourth Amendment was established so citizens would not have to suffer unreasonable search and seizures like they did under British Rule. The Amendment 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...

Article III Bill of rights - declaration and enumeration of a person’s right and privileges which the Constitution is designed to protect against violations Basis: social importance accorded to the individual in a democratic or republican state Classes of rights 1) Natural rights – right possessed by every citizen without being granted by the State for they are given to man by God Ex. Right to life, right to liability, right to property, right to love 2) Constitutional right –...

Mohammad S. Chaudhry American Government 25-April-2012 Fourth Amendment vs. Patriot Act “Give me Liberty or give me death” by Patrick Henry It is dangerous world when you’re not safe in your own home. Thieves and robbers are not the suspects anymore; instead it’s the authorities that take their place in terrorizing your mind and body. The policing authorities have been given a free pass to do as they please to put fear in the nation’s eyes. With the implementation of acts such as...

4th Amendment and NYPD surveillance The United States has leaded the world as the dominant super power. Today many people around the world are wondering how did the United States come into existence and more importantly how has it been able to maintain its place as the most dominant nation. One thing which makes this country so great and contributes too many successful years is its democratic laws. Nobody wants a monarchy or a system which abuses the people without protection. The Founding...

COMMON LAW ORIGIN OF THE 4TH AMENDMENT As is the case with the majority of the legal pronouncements that comprise the Bill of Rights, the Fourth Amendment is based on the English common law that was extant in England in the 1600s and 1700s. In fact, the Fourth Amendment was directly inspired by three British legal cases – two of which were adjudicated in England and one that was tried in the American colonies in the 1760s. The two cases tried in England, Wilkes v. Wood (1763) and Entick...

Alexis Crump Landmark Supreme Court Case: Washington V. Chrisman 11/29/9 Plaintiff: State of Washington Defendant: Chrisman Plaintiff’s Claim: The drugs that were collected in Chrisman’s dormitory room was legally obtained and could be used as evidence. Chief Lawyer for the Plaintiff: Ronald R Carpenter Chief Lawyer for the Defendant: Robert F Patrick Judges in Favor of the Court: Harry A. Blackmun, Sandra Day O’Connor, Lewis F. Powell, Jr., William H. Rehnquist and...

Angela Kelley’s article “Excuse Me, But Your House is Leaking,” discusses the new technologies of Thermal Imaging Devices (TIDs) and how they are impacting our Fourth Amendment right that protects us against invasion of privacy. The use of TIDs improperly opens the door to unreasonable searches and seizures. Because of the nature of the intrusion, TIDs somehow fall outside the letter of the law. However, do they fall outside the spirit in which the laws were originally crafted? This paper...

TLO vs. New Jersey: When Is The Constitution Invalid? In the case of New Jersey vs. TLO, I rule in favor of the petitioner, the state of New Jersey. In this case, I found no reason in the claims made by TLO and her defense. They claimed that the search conducted by school officials was unconstitutional. These officials were searching her purse for cigarettes, which she was caught smoking in the bathroom. During the search for the cigarettes they found the cigarettes, rolling papers used...

State v. McNeely 358 S.W.3d 65 MO. (2012) Facts: The defendant was stopped by a Missouri state highway patrolman for speeding and during this stop the trooper noticed that the defendant was displaying all the tell-tale signs of being intoxicated; blood shot eyes, slurred speech, and the smell of alcohol on his breath. This stop then changed from being a speeding stop to a DWI investigation. The trooper had the defendant get out of his truck and perform standard field sobriety tests. The...

In 2000, the Arlington Police Department received information stating that Earnest Leon Voyles had exchanged emails that contained sexual content with a fifteen year old girl from London, England. According to this informant the fifteen year old girl, “Amy Chang”, had been solicited for sex by Voyles and had arranged to meet with her in London to engage in a sexual relationship. Sergeant James Crouch of the Arlington Police Department was unsuccessful in contacting “Amy Chang” to verify the...

Sheneta R. Ervin Constitutional Law II Dr. Jeffery Swain Florida Memorial University Drones In America And How They Infringe On The Fourth Amendment and Due Process Of The Law Abstract The purpose of this research paper is to show how unmanned aerial vehicles, better known as UAV’s or drones infringe on the Fourth Amendment and Due Process of the law. The Fourth Amendment states; ” the right of the people to be secure in their persons, houses, papers and effects against...

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 has been the topic of many heat debates and has gone through many changes and interpretations throughout the years. The forth amendment of the constitution is one of the most debated amendments. This is the amendment that covers the area of search and seizure as well as privacy. The fourth amendment states, "The right of the people to be secure in...

Should the Exclusionary Rule Be Abolished? Should the exclusionary rule be abolished? My answer to that is no. The exclusionary rule is one of the fundamental ways the rights of the all people are protected. Mainly the rule is to protect you from police power. If the exclusionary rule was abolished you will more than likely see police brutality on the rise. Officer’s, Detectives, etc will cut corners and otherwise ignore the basic rights of the people they...

forensic science The word Forensic comes from the Latin forensus, meaning of the forum.1 In ancient Rome, the forum was where lawmaking debates were held, but it was also where trials were held just like modern day courthouses. From that, forensic science has come to mean the application of the natural and physical science to the motion of matters within a legal context2. Forensic Science can be viewed as a tripartite structure consisting of a Collection, which pertains to the science...

CRIMINAL PROCEDURE OUTLINE INTRODUCTION I. Meaning of “criminal procedure”: refer to the methods by which the criminal justice system functions including a. Arresting of suspects b. Searching of premises and persons c. The use of electronic surveillance and secret agents d. The interrogation of suspects e. The exclusionary rule II. Not all procedure is constitutionally regulated: Both states and federal legislatures are free to enact statutes and rules setting forth procedures...

On June 26, 1995, the Supreme Court decided on the case Vernonia School District v. Acton as to whether or not random drug testing of high school athletes violated the reasonable search and seizure clause of the Fourth Amendment. During the 1980's and 1990's there was a large increase in drug use. The courts decision was a strong interpretation of the Fourth Amendment and the right decision upon drug testing high school athletes. Between 1985 and 1989 the Vernonia School District began to see...

EDGEWOOD COLLEGE – BUSINESS LAW I Employee Drug Testing Violation of Constitutional Rights Judd, Jennah 9/18/2014 Introduction: The word "privacy" means many different things to different people. One widely accepted meaning, however, is the right to be left alone. The composers of the Constitution and the Bill of Rights embraced this meaning and it is referenced many times throughout both documents. This right is now under attack by Private employers who use the power of the paycheck to tell...

 My name is _________ and I am here to bring attention to the “Stop and Frisk Laws” and how they affect our youth and damage our society. Also through this exchange of information I hope to show how these type of laws go against our constitutional rights. First let’s ask what does Stop and frisk actually mean legally? “It’s the situation in which a police officer who is suspicious of an individual detains the person and runs his hands lightly over the suspect's outer garments to determine...

More than 90 percent of American adults own a mobile phone, and more than half of the devices are smartphones. But “smartphone” is a misnomer. They are personal computers that happen to include a phone function, and like any computer they can store or wirelessly retrieve enormous amounts of personal information: emails, photos and videos; document files; financial and medical records; and virtually everywhere a person has been. On Tuesday, the Supreme Court will consider whether law...

Missouri v. McNeely (2012) I. Facts A Missouri police officer stopped Tyler McNeely after observing it exceeding the posted speed limit and repeatedly crossing the center line. The officer noticed McNeely’s bloodshot eyes, his slurred speech, and a smell of alcohol on his breath. McNeely performed poorly on a battery of field sobriety tests, and he declined to take a Breathalyzer test. When McNeely indicated he refuse a breath sample for testing, the officer took him to a nearby hospital...

How To Brief a Case Facts: what happened? Procedure: what occurred in the lower courts? Decisions made in the lower courts (before the Supreme Court). Issue(s): question of law presented to the U.S. Supreme Court. Holding: the ruling in the case. The decision/answer. Rationale: reasons why the court ruled in a particular way. Rochin v. California Year: 1952 Facts 3 deputy sheriffs of the county of Los Angeles go into Rochin’s home after obtaining potential information...

EXCLUSIONARY RULE § 7.01 General Rule Evidence gathered in violation of the Fourth Amendment is not admissible in a criminal trial against the defendant. § 7.02 Exceptions to the Exclusionary Rule [A] Non-Trial Criminal Proceedings Illegally seized evidence may constitutionally be introduced in a variety of non-trial criminal proceedings including: grand jury proceedings, preliminary hearings, bail proceedings, sentencing, and proceedings to revoke parole. [B]...

Minors Rights Essay Throughout the United States’ history, the Supreme Court has decided many cases. Their job is to decide whether or not laws, or punishments given by lower courts, abide by the rules written in the United States Constitution. Their decisions are based upon precedents set by other court cases, or their opinions of what the Constitution means, if there is no precedent. On the topic of the rights of minors, the Supreme Court has justly protected these rights as shown in the...

INTRODUCTION Rules for searches conducted in plain smell are complex and varied based on the circumstances and location of the search. Under the plain smell doctrine, an officer can use his sense of smell as probable cause to search if there is an articulable belief that the origination of the odor is an illegal substance, or if it indicates an exigent circumstance. Plain smell is a principle under the plain view rule, which basically states that evidence in plain view of an officer is not...

MEMORANDUM ON DEFENDANT’S MOTION TO SUPPRESS STATEMENT OF FACTS Owyhee County is located in the south west corner of Idaho. The Owyhee Mountains fill the west portion of Owyhee County. Mud Flat Field and Marmaduke Spring are located in the Owyhee Mountains, in the west central portion of Owyhee County, south of South Mountain and north of Juniper Mountain. The Mud Flat Field is approximately two miles long from North to South. The south end of the Mud Flat Field borders the Mud Flat road....

TENNESSEE v. Cleamtee GARNER, et al. 471 U.S. 1, 105 S. Ct 1694, 85 L.Ed.2d 1 Argued Oct. 30, 1984 Decided March 27, 1985 A case in which the court ruled that a Tennessee “fleeing felon” law was unconstitutional because it legalize the use of deadly force by police when a suspect poses no immediate threat to the police or others. The court ruled that the use of deadly force was a Fourth Amendment seizure issue subject to a finding of “ reasonableness.” Father, whose unarmed son was...

On August 25, 1999, acting on an anonymous tip that the residence at 2524 North Walnut Avenue was being used to sell drugs Tucson police officers Griffith and Reed knocked on the front door and asked to speak to the owner. Gant answered the door and, after identifying himself stated that he expected the owner to return later. The officers left the residence and conducted a records check, which revealed that Gant’s driver’s license had been suspended and there was an outstanding warrant for his...

Thomas Robertson Sunday August 19, 2012 Human Rights Search and Seizure First let me start off by saying that, after reading the account of what happened to Trixee, in my opinion Trixee has a VALID argument that both Officer Fletcher and manager violated her fourth amendment rights against “search and seizure” as well as her constitutional rights. I will now explain my opinion by clarifying the Issues of fourth amendment violation by ShowTime and Officer Fletcher, the rules (laws) that were...

 Lakeitha Walker CCJS 234 7380 Criminal Procedure and Evidence (2148) 02 November 2014 Warrantless Search and Seizure Memoranda To: Judge Kratovil From: Lakeitha Walker RE: Elliot Watson Case – Marijuana Possession with Intent to Distribute Prosecution Date: 2 November 2014 Brief Summary: Elliott Watson was arrested for the possession of marijuana with the intent to distribute said illegal drug. Elliott Watson was stopped by Officer Timothy Johnson because of faulty...

Review Questions What is physical evidence? Provide at least three examples in your answer. Physical evidence is anything that can establish a crime has happened and anything that links the crime and the criminal. Examples would be a bullet, a hair or even blood. Describe three ways that a crime scene can be recorded. What is a benefit of each? Three ways a crime scene can be recorded are pictures which help to give visual evidence and can be viewed later to look back at the crime scene,...

Unit 2 Project Police Encounters with Suspects and Evidence Case Study: Officer Smith is on routine night time patrol when he notices the vehicle in front of him appears to have a broken taillight which appears to be covered with colored tape. He directs the driver to pull the car to the side of the road. The car is an older model gold Pontiac and as Officer Smith walks to the driver-side of the vehicle, he remembers that a car fitting this general description was the suspected car in a...

Use of Force Use of Force Serena R. Smith Grand Canyon University JUS 515 Use of Force Use of Force One night, a small-town patrol officer stops a car driven by two teenagers. The officer believes that one of them might be responsible for a string of recent burglaries. The teens are questioned, and the officer becomes angry at their responses. Over the objections of the teenagers, both teens are pulled out of the car and shoved around a little. They are both told that they are under...

The fourth amendment 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.” The government is invading this amendment by spying on the citizens without warrant. The government shouldn’t have the right to spy...

New Jersey vs. T.L.O. The Fourth Amendment states 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”. But, does this Amendment apply to students in the public school systems? The officials at Piscataway...

Mapp v. Ohio CJS/210 April 25, 2010 David Ross The Warren Court left an unprecedented legacy of judicial activism in the area of civil rights law as well as in the area of civil liberties—specifically, the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every...

Florida v. Bostick Citation # 501 U.S. 429 Supreme Court of the United States Argued February 26, 1991 Decided June 20, 1991 Florida v. Bostick was a felony drug trafficking case which set precedence to the legality of random police searches of passengers aboard public buses and trains pertaining to said passenger’s fourth amendment rights. Shortly after boarding a bus departing from Miami headed for Atlanta, Terrance Bostick was approached by members of the Broward County Sheriffs...

The Plain View Doctrine The courts’ are attempting to adopt an approach to computer searches that is “constitutionally robust or logically coherent” (1) that works with the plain view doctrine; however, they have failed at this attempt. The plain view doctrine endangers a person’s personal liberty when it is applied to digital evidence searches. The Ninth Circuit in United States v. Comprehensive Drug Testing, also known as CDT II, forbids the search of any on a computer that is not mentioned...

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The Truth About the NSA The government should worry citizens, by hiring people to hack into their lives. The National Security Agency, NSA, is “inside” everything from phones to major websites like Google and Yahoo. The NSA is responsible for code breaking and getting information from phones and the internet. The NSA has headquarters in the United Kingdom as well. They try to focus overseas instead of domestically to prevent any serious crime and to defend the UK’s economic interest....

Learning Team IRAC Brief LAW/531 Learning Team B was tasked to study the IRAC method of case study analysis, and select one legal case from a current event that has taken place within the past two years relevant to this week’s objectives. After selecting a current case, Learning Team B prepared a case brief using the IRAC method. Learning Team B selected the United States v. Jones case, which was decided January 23, 2012. Learning Team B was also tasked to provide an...

The Change in Law Enforcement’s Procedure to Protect Passenger’s Rights Instructor: Dr. Betsy Witt CRJ 340 Tarsha Jackson Limestone University In Wyoming v. Houghton (1999) impacted law enforcement procedure by its ruling states that law enforcement officer have a right to search a passenger’s personal possession, only if the law enforcement officer could present probable cause or the officer could prove contrabands and illegal activity . The automobile exception is recognized...

People applying for welfare benefits should be drug tested Good paper on a difficult subject A current issue that is going on today is welfare recipients that are drug abusers. Welfare is supposed to meet the basic needs. Drugs seem far from one of the basic human needs to me. If the recipient gets all the benefits from the programs they will more than likely turn around and sell their food stamps for their fix rather than go to the store and get their family some food. Drugs also go hand and...

Criminal Procedure Outline Spring 2002 Dean Robert Power I. Introductory Materials a. Civil Cases i. Private causes of action ii. Remedy is compensation (usually) b. Criminal cases i. Public Remedies in 99% of the cases ii. The other 1% will be civil unless the "compensation" is so punitive as to be regarded as criminal penalty 1. Remedies a. Generally fines AND/OR i. If the statute says "fine" it is probably criminal ii. If the statute says "civil fine" it is probably civil unless the civil...

Running Head: FINAL Final Essay Exam Ricardo Alvarado Kaplan University CJ 140-02 Introduction to Constitutional Law Professor, Ryan McNeal June 21, 2011 Knowing and just being aware of ones right could be essential for the public. One has to know the basic differences between a probable cause and reasonable suspicion. An encounter with an officer and a possible violation of the law it helps to know the cause so one can be prepared for a possible defense strategy. Warrants have...

Case #: 1-1, pg. 7 Case Description: Christian Smith’s couch caught on fire inside his apartment. The following day a neighbor calls 9-1-1, fireman Jason Blubaum responds via person vehicle. With the landlords permission he searches the apartment and confirms that there is no further danger. He leaves the apartment, in about 5 minutes battalion chief Aaron Watson and engine-company arrive non-emergency. Jason informed him of what happened and was sent home. The landlord asks the battalion...

ARTICLE III Bill of Rights (Bernas Primer) Bernice Joana Pinol Notes Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Powers of Government • When unlimited, becomes tyrannical hence the Bill of Rights is a guarantee that there are certain areas of a person’s life, liberty and property which governmental power may not touch. ...

Probable cause and Reasonable suspicion are two legal terms used in the United States legal system, in this essay I will be comparing and contrasting the two terms as well as providing examples. Probable cause is the level of facts and evidence required to obtain a warrant for, or as an exception to the warrant requirements for, making an arrest or conducting a personal or property search, etc. when criminal charges are being considered. Courts usually find probable cause when there is...

Executive Order 9066 was a United States presidential executive order signed and issued during World War II by Franklin Roosevelt. It ultimately allowed the placement of Japanese-Americans into internment camps. This practice was not only wrong, but a server infringment on the 4th amendment rights of these citizens for many reasons. First and foremost, the 4th amendment prohibits the unreasonable searching or seizing. These american citizens had no reason to be suspected other than their...

THE DEMISE OF CRIMINAL PROCEDURE Justice Ginsburg’s dissent in Herring v. United States suggested there is more to the exclusionary rule than just deterring police misconduct.[1] She explained that the rule was an “essential auxiliary” to the Fourth Amendment right, which is owed “a more majestic conception” due to the important purpose of preserving judicial integrity.[2] With this reference to judicial integrity, Justice Ginsburg and three of her colleagues reminded us of the importance...

02/17/2012 4.1 Search and Seizure The most famous search and seizure is Mapp v. Ohio. This case happens back in 1961, March 29 and end on June 19, 1961. Which were an unreasonable searches and seizures what relates on the fourth Amendment. When the police received a tip that Dollree Mapp and her daughter were harboring a suspected bombing fugitive, they immediately went to her house and demanded entrance. Mapp called her attorney and under his advice she refused to give them entry because...

 The United States v. Jones and the Fourth Amendment By: Melinda Redwine September 17, 2014 Ethics in Information Technology Technology is a magnificent thing. A majority of people use some form of technology on a daily basis such as their telephones, computers, tablets, and even many devices on their cars. Many of these things are a necessity for a person to have daily, especially if they have to use these devices for work and/or school. Technology also...

The case involved a Mr. Smith whos house was suspicious of growing marijuana. The police used thermal technology to scan Mr. smiths house where they found high amounts of heat. The police then got a search warrant and found marijuana growing in his house. Smith was then arrested and entered a conditional guilty plea. Now the high court had to make a decision that would challenge even the greatest lawyer and justice to ever step into the Supreme Court. The case started off with the lawyer for...

 Constitutional Policing Aaron M. Green CRJ 201 Professor: Deborah Tremblay September 15, 2014 The police have been empowered by the government with the power to investigate and make arrests in connections to violations of law. The police must abide by the law in their pursuit to uphold law. The courts in the United States examine police, procedure and behavior, and can overturn, overrule or modify violations of law and procedure that do not adhere to due process. Examples of...

Wyoming v. Houghton 526 U.S. 295 (1999) FACTS: After a routine traffic stop, a police officer noticed a hypodermic syringe in the shirt pocket of the car’s driver, which the driver soon admitted was for using drugs. The officer searched the passenger compartment for contraband and came upon a purse, which the respondent, a passenger in the car, claimed was hers. There was drug paraphernalia inside, and the respondent was arrested on drug charges. The evidence was admitted at trial and...