the two-fold requirement discussed in Katz v. United States‚ for analyzing when a search occurs under the 4th Amendment. According to Justice Harlan concurring opinion in Criminal Procedures‚ the understanding of the 4th Amendment is that its protection is for people and not places. Therefore‚ he proceeds to give the explanation of the ‘two fold requirement’ for searches that occurs under the 4th Amendment while analyzing the Kat v. United States. “Firstly‚ did a person exhibited an actual (subjective)
Premium Supreme Court of the United States Fourth Amendment to the United States Constitution United States Constitution
the vehicle contains evidence of the offense of arrest. Gant‚ 556 U.S. 332 at 351. Courts have held that when police arrest a person on a traffic violation it is not reasonable to believe that evidence of the violation is in the vehicle. In United States v. Majette‚ the court held that it was unreasonable for the officer to believe he would find evidence of the arrestee’s suspended license in the arrestee’s vehicle. 326 F. App’x 211‚ 213 (4th Cir. 2009). There‚ the officer arrested the defendant
Premium Police Fourth Amendment to the United States Constitution United States Constitution
Bill of Rights and Amendments 13‚ 14‚ and 15 HIS 301 July 18‚ 2012 Bill of Rights and Amendments 13‚ 14‚ and 15 "The Constitution is the highest law in the United States" (U.S. Constitution‚ 2010‚ para. 1). The Constitution is the building block for the United States government‚ and each law separate from the Constitution is some derivative of the document. The Constitution assisted in creating Congress‚ the Presidency‚ and the Supreme Court. Over the course of the United States ’ history many items
Free United States Constitution Fourteenth Amendment to the United States Constitution
United States 517 U.S. 806 (1996) the police approached a car that broke a traffic violation and saw cocaine in plain view. Police were found to be right in arresting the individuals. This relates to this case because like the cocaine‚ the cigarette burns are
Premium Fourth Amendment to the United States Constitution Credibility Probable cause
of 10 amendments that were ratified to insure the new government did not have too much power and to make sure the citizens’ rights were protected. Of these 10 amendments‚ I feel there are 3 that stand out and are the most important. The 4th amendment‚ which prohibits unreasonable searches. The 5th amendment‚ which protects the right to a fair and speedy public trial by jury. And most importantly‚ the first amendment‚ which protects the freedom of speech and religion. Without these 3 amendments‚ I believe
Premium United States Constitution Fourth Amendment to the United States Constitution First Amendment to the United States Constitution
Review: " Suspect Searches: Assessing Police Behavior Under the U.S. Constitution" The article "Suspect Searches: Assessing Police Behavior Under the U.S. Constitution‚" by Gould and Mastrofski explores the police usage of unconstitutional searches. Unconstitutional searches are those that are in violation of the fourth amendment. The fourth amendment rights‚ along with certain case laws put forth the guidelines for legal stops‚ frisks‚ and searches. Gould and Mastrofski perform a direct observation
Premium Police Fourth Amendment to the United States Constitution United States Constitution
Indeed‚ the legal protections afforded by the Bill’s amendments were and still are to some degree‚ unprecedented in the world we live in. But‚ despite the lofty mythos surrounding the awesomeness of the Bill of Rights‚ there exists substantial controversy over the interpretation of some amendments. Namely‚ the 2nd and 4th amendments; the 2nd amendment assures the right to bear arms and maintain a well regulated militia‚ and the 4th amendment prohibits searches and seizures of property without probable
Premium United States Constitution Fourth Amendment to the United States Constitution Supreme Court of the United States
"The United States Constitution is a healthy document which still serves our nation exceptionally well and does not need drastic change or revision." Since June twenty first of 1788‚ when the United States Constitution was ratified in Washington D.C. it has been considered The Law of the Land. Ever since that date‚ we have followed those rules as the Federal law and overall “ruling” of our lives. For almost two hundred twenty four years‚ this has been what our country has been following to this
Premium United States Constitution
Amendments The Amendments in the Constitution are very helpful. Each one is useful in making sure everyone is treated fairly and everyone gets rights. The 4th‚ 5th‚ 6th‚ and 8th amendments are the ones I will explain today. They each play a specific role in making sure nobody is treated unfairly. The 4th amendment protects people from the government searching through your things without a reason. For example‚ if somebody was walking down the street with a backpack on and the police walked by and
Premium Police Crime United States Constitution
The Fourth Amendment of the Constitution of The United States of America was added as part of the Bill of Rights on December 15‚ 1791. The Fourth Amendment deals with protecting people from searching their homes‚ and private property without properly executed search warrants. “Provides 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” (The History Behind the
Premium United States Constitution Fourth Amendment to the United States Constitution Law