In the case of James Smith‚ a burglar that was found guilty of robbing his next door neighbor appealed his case to the Supreme Court based on the premise that his Fourteenth Amendment right to equal protection under the law was violated when evidence the defendant claimed was seized illegally but not excluded from the court process. The case started when the criminal defendant‚ Smith‚ burglarized his next door neighbor’s house. The neighbor being sure Smith was responsible for stealing his belongings
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Distinction between a written and unwritten constitution is not real. There is no constitution which is either wholly written or entirely unwritten. All written constitutions grow and expand if they are to endure and serve their purpose. The real constitution is a living body of general prescriptions carried into effect by living persons. No constitution can ever be a strait-jacket. Nor can it be ever in the mind of the constitutional fathers to work out in all details a complete and final
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Principles and Articles 1 Principles and Articles of the United States Constitution Grand Canyon University: POS-301 October 6‚ 2013 Principles and Articles 2 Principle Description Authority in Constitution Self-Government This is a democratic form of government whereby the people exert some form of control over the government of their country or state. The framers of the constitution fearing tyrannical rule by the majority in a direct democracy formed the U
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18.2-11. The officers then searched the vehicle in which chubbs was driving. During the search of the vehicle the officers found 16 grams of crack cocaine and $516 in cash. The state law of Virginia states that the officers should have offered Moore a summons rather than arresting him. The statutes of the Fourth Amendment give the officers the right to search if they believe a crime was committed in their presence. The act of driving on a suspended license is not an offense you can be arrested for
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The Constitutionality of the Stop and Frisk The Fourth Amendment of the United States Constitution guards against unreasonable searches and seizures. It also states that no warrants shall be issued without a probable cause. Modern jurisprudence has afforded police officers an incentive to respect the amendment. The Stop and Frisk law allows police officers to stop someone and do a quick search of their outer clothes for weapons if the officer has a reasonable suspicion that a crime has or is
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State‚ 753 So. 2d 713 (Fla. 2d DCA 2000)‚ the court held that Mr. Smith had no legal duty to comply with what the officer instructed him to do‚ and furthermore‚ Mr. Smith had the right to deny his consent‚ which he did so when he backed up. The officer
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concept of search warrants‚ probable cause‚ and searches go hand in hand as part of the legal system. Each step makes the next step part of the process. This process gives us certain civil liberties and are all rooted in the 4th Amendment of the Constitution of The United State of America. The following information will interpret‚ define‚ and support the legal justification of warrants‚ probable cause‚ and searches. The definition of a search warrant is a judicial document that authorizes police
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whether the collection of citizens’ personal lives to protect their safety was ethical or not. This issue is important to the state of our country as no one is entirely sure whether sacrificing some of our privacy actually helps in keeping us safe. Domestic
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Exclusionary Rule and Its Exceptions Introduction: The Exclusionary Rule The Fourth Amendment to the Constitution of the United States protects citizens from unreasonable searches and seizures by law enforcement personnel. (US Const. amend. IV) Though the Amendment “forbids unreasonable searches and seizures‚ it does not provide a mechanism for prevention or a remedy.” (Jackson‚ 1996) After passage of the Fourth Amendment‚ courts began to make laws regarding the rule against unreasonable searches
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records‚ your library records‚ and your student records... and can prevent anyone from telling you it was done” (2003). This legislation gives law enforcement the power to violate a person’s civil right which has been afforded to us by the 4th Amendment which states; “The right of the people
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