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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“Moreover‚ the Fourth Amendment requires governmental searches to be conducted only upon the issuance of a search warrant‚ sanctioned by probable cause and supported by oath or affirmation‚” (Wikipedia‚ n.d.‚ p.1). The warrant requirement also mandates that the warrant must describe the place to be searched and the person and/or property to be seized. However‚ there are exemptions contained in the “Exclusionary Rule.” Some of the exemptions include consent searches‚ border searches‚
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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” (Hudson‚ 2010‚ p.363). In this essay we will explore what is reasonableness under the Fourth Amendment. A discussion of consensual encounters vs. detentions concerning search and seizure‚ we will also discus important cases that shape the fundamentals procedures of search and seizure. According to Rutledge (2010) p.109‚ reasonableness may
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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
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The Fourth Amendment was introduced into the Constitution of the United States as a part of the Bill of Rights on September 5‚ 1789. It was a direct response to the abuse of the writ of assistance‚ which was a type of general search warrant used by the government during the American Revolution. (LAWS) The amendment was ratified on December 15‚ 1791. The Fourth Amendment reads: The right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures
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To Change or not to Change: the Masculine-Feminine Relationship In John Cheever’s short story‚ “The Fourth Alarm‚” the narrator is perplexed by the recent actions of his rebellious wife. She quit her job‚ partakes as a nude actor in an amateur theatre‚ and refuses to listen to her male chauvinist husband. The narrator’s wife’s abandonment of the Apollonian for the Dionysian serves as a modern day Adam and Eve that‚ instead of questioning the sinful nature of man‚ questions the traditional masculine-feminine
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“What to the Slave Is the Fourth of July?” The Fourth of July is a time in which Americans can celebrate their independence and freedom. In 1852‚ Frederick Douglass delivered a speech titled‚ “What to the Slave is the Fourth of July” at the Rochester Ladies’ Anti-Slavery Society in Rochester‚ NY. Douglass‚ a former slave‚ was invited to speak on July 5th. Douglass uses this opportunity to voice a major concern of his – the abolition of slavery. His powerful use of rhetoric must have captivated
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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 rights is having probable cause and any evidence obtained without a warrant‚ cannot be used in the justice system. The Fourth amendment was evident
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basically a list that was created to limit the government’s power over America’s citizens. According to Cornell University Law School the fourth 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‚
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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 exception
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