his company. Calandra didn’t want to answer any questions because he felt that the search of the company was an unlawful search and that it violated his fourth amendment exclusionary rule. The refusal to answer the grand jury‚ was what was being question about this case. Calandra felt like because of the exclusionary rule unde0r the fourth amendment he didn’t have to answer but he was wrong. The supreme court held that the exclusionary rule was only applicable in criminal courts and was not meant to
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In my opinion‚ I believe that the 4th amendment is both good and bad depending on the circumstances. Sometimes there are people who blatantly have drugs that the cops can’t frisk off until they have the warrant. By the time the police get the warrant‚ said suspect could have already gotten rid of the drugs. However‚ this also works the other way. Sometimes‚ the police search other people that they have false evidence on. Then this innocent person gets searched and it makes the searched person look
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the men‚ identifying himself‚ and not receiving prompt identification‚ the officer seized one of the men‚ (Albanese‚ J. S. Criminal Justice‚ 5th edition p.162) patted the exterior of his clothes‚ and discovered a gun. The Court wrote that the Fourth Amendment was applicable to the situation‚ applicable “whenever a police officer accosts an individual and restrains his freedom to walk away.” Since the warrant clause is necessarily and practically of no application to the type of on-the-street encounter
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02/17/2012 4.1 Search and Seizure The most famous search and seizure is Mapp v. Ohio. This case happens back in 1961‚ March 29 and end on June 19‚ 1961. Which were an unreasonable searches and seizures what relates on the fourth Amendment. When the police received a tip that Dollree Mapp and her daughter were harboring a suspected bombing fugitive‚ they immediately went to her house and demanded entrance. Mapp called her attorney and under his advice she refused to give them entry because they
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article on March 13‚ 2012 for Governing: The State and Localities that provided readers with several points of interest when discussing drug testing welfare recipients. Walters states in his article “According to the National Conference of State Legislatures‚ almost two dozen states are considering bills that require drug testing those either applying for or receiving public benefits‚ a policy that has been cut down in the courts before because the Fourth Amendment grants that every individual "be secure
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In your own words‚ what is Law - General Law CJA 364 Week 1 Individual Assignment Criminal Procedure Policy Paper CJA 364 Week 2 Individual Assignment Exclusionary Rule Evaluation CJA 364 Week 2 Learning Team Assignment Fourth Amendment Summary CJA 364 Week 3 Individual Assignment Criminal Procedure-Probable Cause Article Summary CJA 364 Week 3 Learning Team Assignment Search and Seizure Paper CJA 364 Week 4 Individual Assignment Criminal Right to Counsel
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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.” The government is invading this amendment by spying on the citizens without warrant. The government shouldn’t have the right to spy unless
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Griswold was the executive director of the States Planned Parenthood League and C. Lee Buxton was a licensed physician as well as a professor at Yale (Stein‚ 2010‚ p. 29). The Connecticut law was that anyone that encouraged or used birth
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defendant’s armed robbery conviction was upheld by the California Supreme Court‚ the defendant then petitioned the writ of certiorari‚ which is a decision by the Supreme Court to hear an appeal from a lower court. Justice Stevens then held that “Fourth Amendment does not prohibit warrantless seizure of evidence of crime in plain view.” That also goes if the finding of the evidence was not unintentional. In California a police officer decided to search petitioner Horton’s home because he felt there
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sales. She was charged as a juvenile for the drugs and paraphernalia found in the search. She went against the search‚ claiming it violated her 4th Amendment right against unreasonable searches. The U.S. Supreme Court‚ in a 6-3 ruling‚ said that the search was reasonable under the Fourth Amendment. This case established limitations on our 4th amendment right under school property. The majority opinion should be right one because in order to
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