serve time. A prisoner retains all the rights of an ordinary citizen except those expressly‚ or by necessary implications‚ taken from him by law. (Coffin v. Reichard) Inmates do not have to express their rights‚ they are generally assumed by law. An inmate should have all constitutional rights except those that need to be necessarily taken from him (Ortega v. Ragen). This could be to protect himself‚ other inmates‚ or staff. “Throughout history‚ many have questioned what rights prisoners should be granted
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The statement‚ “The Fourth Amendment protects people‚ not places‚” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses‚ papers‚ and defends them against unreasonable searches and seizures. However‚ to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant‚ give the government strict to stipulations as to how they are able to rightfully obtain information
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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 and
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are 33 amendments to the United States Constitution that Congress proposed as ratification since the Constitution was in effect 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
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been able to fathom the modern men of zeal fighting the “War on Terror”. The modern era has carried questions of how far the Fourth Amendment and the right to privacy should and does extend to protect the rights of the individual. With advancing technology‚ there are more legal lines to be drawn in the sphere of privacy as well as determining how far the Fourth Amendment extends. Some of these topics include government watch lists‚ mass
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Not all people feel secure and safe in the United States‚ but something that helps people feel more secure is the fourth amendment‚ which prohibits search and seizure of a person or property without a warrant. The amendment preserves the privacy of the people because it makes sure that no one can just search you or your house‚ unless of course‚ there is a good reason. The fourth amendment also protects peoples’ personal property because‚ there must be a warrant before investigators can touch a person’s
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Constitution and the Bill of Rights‚ the Fourth Amendment can be best defined as an amendment providing 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‚ 2012). In general terms‚ the Fourth Amendment protects from illegal
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“The Fourth Amendment of the U.S. Constitution provides‚ 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‚” n.d.‚ para .1). In this case‚ school officials had reason to believe a physical education
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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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suggested that the Fourth Amendment must continue to protect against government intrusions. Any use of a tracking device without a warrant would be highly risky for law enforcement All citizens of The United States deserve their privacy‚ but in those emergency situations where you have to invade someone’s privacy for the greater good of others than that’s acceptable. The Fourth Amendment offers and important safeguard against unjustified government surveillance‚ all of us are granted that right when we are
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