evidence. The New Jersey Supreme Court then reversed the decision and ruled that the exclusionary rule of the Fourth Amendment applies to the searches and seizures made by school officials. The case then went to the United States Supreme Court. The first thing the U.S Supreme Court did was ordered to rehear the argument about the question of whether the assistant principal violated the Fourth Amendment in T.L.O’s case. After rehearing the argument the court in a 6-3 decision written by Justice Byron R. White
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THE HISTORY AND SIGNIFICANCE OF THE FOURTH AMENDMENT "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 Amendment to the United States Constitution (4) A search as described in the Constitution
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Abstract The understanding of the Fourth Amendment in the U.S. Constitution and its relevance for searches and seizures is critical for any investigator‚ and it strikes a balance between individual liberties and the rights of society. Most importantly‚ the limitation on any search is that the scope must be narrow‚ if a search is not conducted legally‚ the evidence obtained is worthless. As a matter of fact‚ the exclusionary rule established that courts may not accept evidence obtained by unreasonable
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exclusionary rule is required under the Fourth Amendment. “In all cases‚ the search must be conducted when there is probable cause. If an officer fails to execute a warrant before probable cause has dissipated‚ then any resulting search is violative of the Fourth Amendment‚ and the fruits thereof are subject to the exclusionary rule. This is true even if the search is conducted within the period of time set by law” (Hall‚ 2014‚ p. 411) The Fourth Amendment‚ or the Bill of Rights for that matter
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What is the 4th Amendment? The 4th Amendment is part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. What are some concerns a crime scene investigator or detective should be aware of? Some concerns a crime scene investigator should be aware of include paying attention to details and watching their surroundings. Photography everything because you can never have too many photos‚ take
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The fourth amendment protects citizens of the United States from unlawful searches and seizures conducted by police officers or law enforcement agencies. The Fourth Amendment of the Constitution affirms: “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
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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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Brown did what he had to do. He did not do anything illegal‚ so Tim‚ please go back to your current class and you may forget about this situation‚” Mr. King said as if he was very annoyed by me. My day ended like that. A very shocking‚ weird situation. I remembered a few months ago‚ we learned the Bill of Rights at school and that we have the right to be secure in our homes‚ and not be searched without a warrant. However‚ because of the change of the president‚ he got rid of that amendment which was
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Assignment 1 Common Law By: Tita Amalia V. 1. Jonathan and an international business transaction Two parties reach agreement on the terms of the sale of a product from one party to the other. The agreement was written and signed by both parties in the presence of their lawyers. a) Do the parties have a valid and enforceable contract? Before a contract is formed‚ there must be agreement consisting of offer and acceptance‚ intention to form a contract‚ and consideration. Without
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Common law 1 Common law Common law‚ also known as case law or precedent‚ is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law‚[1] on the principle that it is unfair to treat similar facts differently on different occasions.[2] The body of precedent is called "common law" and it binds future decisions. In cases
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