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 be
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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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Which Amendment? The freedom of speech‚ religion and press seems like an everyday activity‚ right? But imagine if you were not allowed to speak your opinion or practice your choice of religion‚ or even write about facts or opinions that interest you. What if you had to keep all your thoughts and opinions to yourself except for the ones that you were allowed to express or you would be in trouble. That would be like torture. That is why Amendment number one of the Constitution is the most important
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The First Amendment‚ along with the rest of the Bill Of Rights‚ was put into force on the 15th of December‚ 1791. The Bill of Rights declares ten Amendments that protect US citizens’ basic rights and civil liberties; one of which is the right to have freedom of speech‚ and gives the same to the Fourth Estate - the press and media. This Amendment also allows the people to assemble to protest‚ create petitions‚ and prohibits Congress to pass laws that establish
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The Eighth Amendment The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment‚ as well as the setting of excessive bail or the imposition of excessive fines. However‚ it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall not
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The debate over the Second Amendment is an ongoing one. Select appropriate sources and research the following: 1. What does the Constitution say about the right to bear arms? 2. What is the Supreme Court’s position on the Second Amendment? 3. What is the Brady Law and what impact has it had on gun control issues? 4. Has the Second Amendment undergone the Incorporation process? If not‚ why not? Answer all questions. Your report must be at least 300 words. List all web resources and
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the trial. Procedural History: Kratz moved to have the evidence squashed under the fourth amendment‚ but was denied. Kratz appealed to the appeals committee stating evidence was admissible because there was no entrance into his home to get the recordings Issue: Is the government’s evidence enough that a jury could‚ without a reasonable doubt‚ charge Kratz with the crime at hand? Rule: The fourth amendment protects against unlawful searches and seizures‚ and follows a person not a place. Analysis:
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The Fourteenth Amendment By a thirty-three to eleven vote‚ the Fourteenth Amendment was passed. Although‚ on July 9th‚ 1868 the Fourteenth Amendment was ratified to include‚ all natural born citizens as well as the protection of life‚ liberty and property. The purpose of the Fourteenth Amendment was to protect all the rights of the American people. There have been a few cases recently that were brought to the U.S. Supreme Court. One of the more recent U.S. Supreme Court cases is that of Obergefell
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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 police officer‚ a representative of the State of Florida lacked probable cause to search the vehicle. The dog used in the operation‚ Aldo was not reliable since his detector certification had expired. Also‚ the officer
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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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