obtained after petitioner had been removed from the premises for a domestic violence investigation and then lawfully arrested for prior robbery. 2. Once a co-tenant has expressly told the police officers that they may not enter his home‚ does the fourth amendment allow the
Premium Fourth Amendment to the United States Constitution United States Constitution Law
The exclusionary rule is for prohibiting illegal evidence in court‚ this can be a deciding factor in most cases. An example of this is‚ they can’t fake‚ or plant evidence.They have to have solid concrete evidence.This rule is part of the fourth amendment‚ which a lot of people take seriously‚ these are rights given to all Americans. I agree with this because‚ everything needs to be done in a proper manner. If the evidence leaves the chain of custody or is collected in an unlawful manner this can
Premium United States Constitution Supreme Court of the United States Fourth Amendment to the United States Constitution
regulated: Both states and federal legislatures are free to enact statutes and rules setting forth procedures for administering criminal justices‚ as long as those procedures do not violate constitutional provisions III. Themes: a. Who has discretion? a.i. Which actors get to make judgment calls (police/officers‚ judges‚ juries etc.) b. Practical Implementation b.i. Potential gap between what courts are saying and what police implement STATE PROCEDURES AND THE FEDERAL CONSTITUTION A. Nature
Premium Fourth Amendment to the United States Constitution Search and seizure
airport from a foreign country. It describes the first practical detention point after a border is crossed and the final entry port. The border search exempts those in the functional equivalent of the border. What are border searches under the fourth amendment? The
Premium Fourth Amendment to the United States Constitution Police Border
the cause so one can be prepared for a possible defense strategy. Warrants have certain requirements and exceptions’‚ knowing each one is vital. The Sixth Amendment is always used in trials and having knowledge of this amendment is important. The main purpose of the Fourth Amendment is to protect against unreasonable search and seizures. It states that the police would need a warrant for a search and seizure. The way law enforcement can obtain a warrant is if they have probable cause. Terry stops
Premium Fourth Amendment to the United States Constitution United States Constitution Terry v. Ohio
realizations concerning immigration policy and how it relates to national security both pre and post 9/11. Up until taking this course‚ I paid only a passing interest to border security. I had some rather broad opinions on its impact on the border states‚ the enforcement agencies responsible for patrolling the borders‚ and the porous nature of the seemingly impossibility of accomplishing this task along 2‚000 miles of mostly rough terrain. I feel that national security is treated seriously by
Premium September 11 attacks Al-Qaeda Fourth Amendment to the United States Constitution
for driving while intoxicated. Schmerber was convicted‚ then filed an appeal against The State of Califoria. PROCEDURE: The Appellate Department of California Superior Court affirmed appellant’s conviction. ISSUES: Did the blood test violate the Fifth Amendment guarantee against self- incrimination? DECISION: No. The Supreme Court based its finding on precedent. While acknowledging that the State “compelled [petitioner] to submit to an attempt to discover evidence that might used to prosecute
Premium Supreme Court of the United States Appeal United States
a little order will lose both‚ and deserve neither.” Some communities constantly face complications such as being illegally searched by the police. As citizens‚ the fourth Amendment gives us the right as people to be secure in our persons‚ houses‚ papers and effects against unreasonable search. But it seems as if the Fourth Amendment has lost its authority when it comes to Stop and Frisk programs. People think that it prevents crimes‚ but these searches are often unsuccessful at catching criminals
Premium Fourth Amendment to the United States Constitution United States Constitution Law
this she "dropped the bomb" and filed a lawsuit saying it violated her daughter’s fourth amendment right (which was the right thing to do)and that she was never contacted during the search at anytime. Proceeding to the trial‚ the District court found no violation and a panel agreed‚ but on the appeal in a "en banc decision 6-5" the court reversed the other decision saying that it DID in fact violate her fourth amendment right. School district appealed to the Supreme Court and approved there appeal
Premium Supreme Court of the United States Fourth Amendment to the United States Constitution
Ohio case raised many questions as to whether or not the search and seizure of Terry violated the Fourth Amendment. The police officials thought they would take action upon themselves into frisking and searching the men for what they could find‚ not acknowledging the rights of the people. The courts decision was 8-1‚ meaning that the search done by the officer was reasonable in the Fourth Amendment and the weapons that were taken were used and held against him as evidence. After the Terry case‚ police
Premium Supreme Court of the United States United States Constitution Fourth Amendment to the United States Constitution