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 was probable cause‚ the officer was
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and how the Stored Communication Act factored into the constitutionality of more than 27‚000 items of e-mail evidence. In the case of United States v. Warshak‚ the primary issue at hand is the constitutionality of the government’s warrantless seizure of more than twenty-seven thousand e-mails stored on an internet service provider’s server. To answer the constitutionality issue‚ the first focus is on e-mail itself as a form of communication‚ and whether there can be a reasonable expectation
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Freedom‚ Equality‚ Order 1. Select either Shays’ Rebellion or ADA‚ 1990. Discuss how your chosen event/legislation is either an example of Freedom vs. Order or Freedom vs. Equality. I selected Shays’ Rebellion‚ and I learned that the events that happened throughout that rebellion was a Freedom vs. Equality situation because what was happening was that the post-war situation left farmers who’ve been gone for months fighting‚ came home with nothing to show for it and they were still forced to pay
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Constitution. A good example would be‚ this act allows law enforcement agencies to secretly examine homes and business records. The act allows wiretapping and surveillance power‚ and it makes a new mechanism for attaining legal search warrants and partaking in electronic snooping of email‚ telephone calls‚ and internet messaging. The Patriot Act‚ ordered people to hand over business records and are
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Supreme Court Decisions Rungwe Rungwe Constitutional Law (LS305-01) Assignment Chapter 4 10/16/2011 The Fourth Amendment to the U.S. Constitution 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 (Fourth
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Frankie Singer Creative Writing 10 Laura MacDonald 24 April 2014 Edward Snowden: A True American In the summer of 2013‚ a system administrator released classified information regarding the National Security Agency’s wiretapping and surveillance of the American people and the leaders of foreign powers. Hailed as a hero by some and a traitor by others‚ Edward Snowden fled to Russia after revealing the NSA’s secret operations in an interview with The Guardian‚ a UK-based news source‚ in
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Favor of the Defendant: William J Brennan‚ Jr.‚ Thurgood Marshall and Byron R. White Place: Washington D.C Date of Verdict: Janurary 13‚ 1982 Verdict: -It’s verdict did overthrow the verdict of the Washington Court of Appeals -The warrantless search of Chrisman’s dorm didn’t violate his Fourth Amendment right -Evidence collected at the scene was legally able to be used in the court Significance: - It’s an example of the court’s willingness to interpert the Fourth Amendment
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Please read: a personal appeal from Wikipedia founder Jimmy Wales Read now Fourth Amendment to the United States Constitution The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures‚ along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance
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cases in the past years. “’ Awareness that the Government may be watching chills associational and expressive freedoms‚’ wrote U.S. Supreme Court Justice Sonia Sotomayor in U.S. v. Jones‚ a 2012 case dealing with warrantless GPS tracking” (Bailey). This is a big issue because it was warrantless‚ and that is what many of the American people have a problem with. If there was a device that would be created to track your movements and find information about an individual‚ it would look very similar to a
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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‚” which allows an unconstitutional warrantless search of an automobile where the search is conducted by law enforcement in an attempt to protect the general public from harm‚ as opposed to a search conducted during the course of a criminal investigation. (Circuit Splits 2013) This is an exception
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