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 evidence
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Constitution and Amendments. It rules how the government should work. It creates the Presidency‚ Congress‚ and the Supreme Court. Each state also has a constitution. The constitutions of the states are their highest law for that state — but the United States Constitution is higher. The Constitution can be changed‚ and it’s changed by an "amendment." Among the amendments is a list of the rights of the people. It is illegal for the government to violate those rights. As of 2006‚ there are 27 amendments. Not all
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Carvajal AIU Online Abstract The sentencing process can be extremely long or short. Regardless of how long the trials come out to be there is still a process that the court must go through. In this report I’m going to talk about the 5th‚ 6th‚ 14th amendments‚ and discuss the 5 philosophies of sentencing. The Process The justice system set a process established by the government in order to control everyday crimes and post penalties to all of those people that break the law. The criminal
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Lester Walker 5th period JROTC Bill of Rights Hi I am Lester Walker and I will be explaining to you which Amendment from the Bill of Rights I think is most important in today’s society. Personally I think Amendment 5 is the most important one because it’s still racism going on throughout the United States and in some places they would seriously punish an African American male or female for small crimes just because of the color of their skin. I think it’s unfair because I thought everyone were
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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
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The 5th Amendment Basically‚ the 5th Amendment states that no one shall be charged with capital crimes without a Grand Jury’s permission‚ except in cases regarding the military while under service in wartime or public danger. No one can be put on trial again for the same crime. You can’t be forced to testify yourself. That no one should be executed‚ jailed‚ or have property seized without a legal precedent. Also you can’t be put through cruel or unusually punishment.
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Amendments The Amendments in the Constitution are very helpful. Each one is useful in making sure everyone is treated fairly and everyone gets rights. The 4th‚ 5th‚ 6th‚ and 8th amendments are the ones I will explain today. They each play a specific role in making sure nobody is treated unfairly. The 4th amendment protects people from the government searching through your things without a reason. For example‚ if somebody was walking down the street with a backpack on and the police walked by and
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searches don’t occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests. Consenting to a search request automatically makes the search legal in the eyes of the law. And the 4th Amendment doesn’t require officers to tell you about your right to refuse. So if you’re pulled over‚ don’t try to figure out whether or not the officer has probable cause to legally search you. You always have the right to refuse search requests by stating
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Main article: Speedy trial Criminal defendants have the right to a speedy trial. In Barker v. Wingo‚ 407 U.S. 514 (1972)‚ the Supreme Court laid down a four-part case-by-case balancing test for determining whether the defendant’s speedy trial right has been violated in the case. The four factors are: Length of delay: A delay of a year or more from the date on which the speedy trial right "attaches" (the date of arrest or indictment‚ whichever first occurs) was termed "presumptively prejudicial
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The Supreme Court has held that a search or seizure of a dwelling may be constitutionally defective if police officers enter without prior notice. The Amendment allows the subject of the warrant an opportunity to challenge the lawful authority of the warrant or to prevent its defective execution‚ such as when the wrong address is targeted or the subject no longer resides at the address. Section 213 of the
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