Fourth Amendment: Fundamentals Of Search And Seizure
1. The Fourth Amendment protects the fundamental of search and seizure. Which in this case, discusses the importance of obtaining physical evidence and how it is used. In other words, the Fourth Amendment can be violated if the evidence gathered has been obtained unreasonably. The court argued that it is an individual right to keep information private and are protected regardless of the place they are in. In addition, they also mentioned if citizens have an “expectation of privacy” and society recognizes as reasonable then the Fourth Amendment avoids any search and seizure. The “expectation of privacy” applies to not only electronic surveillance but all forms of searches and seizures. The majority also rejected the penetration rule where a person’s rights can be violated even if the police never physically intrude his/her property or possessions. Justice Black dissents stating that the Fourth Amendment does not apply to the eavesdropping. Although he mentions that eavesdropping was unknown during the time the Fourth Amendment was written, he provides an ancient scenario where if eavesdropping had been a big deal back then, then it would have been written in the Fourth Amendment.
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The Olmstead court did not make a similar distinction since the majority rejected the penetration rule. The Fourth Amendment was interpreted as protects against unreasonable search and seizures in protected areas and tangible items. Which would have led to wiretapping being
Summary Of Kyllo V. United States
549 Words | 3 PagesIn this case Kyllo v. United States, the Supreme Court ruled against the vitric of the lower courts on a 5 to 4 vote. The questions that need to be answered in this case, in my opinion serve a bigger purpose then the case at hand. The case itself is about a man named Danny Kyllo who was growing marijuana plants inside his home illegally. An officer of the U.S Interior Department got a tip that this man was illegally growing plants inside his home and went to investigate this. Obviously a tip from an unknown is not enough information to get a warrant to search the man’s property.
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Case Study On Riley Vs California
922 Words | 4 PagesThe court after this decision accepted willingly this rule as protection of fourth amendment for privacy. • Introduction Many people in the country are arrested, but many of these arrested of which the major part is never convicted for any
Exclusionary Rule In The Weeks V. United States Case
475 Words | 2 PagesThe Weeks v United States case was the Supreme Court basis in determining to incorporate the Fourth Amendment into the Fourteenth Amendment due process clause and apply the exclusionary rule in state cases. In this essay, I am going to discuss the reason why the Supreme Court determine that the exclusionary rule should apply to the state police activity. Prior to the case of Weeks v United States, the state police activity “were not limited in their conduct by the Fourth Amendment” (Ingram p.81) and the exclusionary rule of Fourth Amendments illegal search and seizure only applies to federal law enforcement officers. Basically, it means that state law enforcement officials can illegally search and seized criminal activity evidence and court don’t prohibit the use of illegally obtained evidence in the trial court.
A Brief Note On DLK Vs United States
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No Probable Cause To Arrest Hayes Essay
551 Words | 3 PagesThis is a criminal case, in which the Supreme Court ruled that there was no probable cause to arrest Hayes. Hayes did not give consent to be taken to the police station and be detained plus fingerprint. Therefore, Hayed Fourth Amendment rights were violated and the conviction was overturned. Fact of the case: In the 1980’s there was a series of rape and burglary that happened in Punta Gorda Florida.
Mapp V. Ohio Case
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Should The 4th Amendment Be Stricter?
167 Words | 1 PagesBilly is on the phone with Bob while they are talking on the phone and someone coughs and it is neither of them. Well, the government are the only ones who can hack phones and listen to phone calls, the 4th amendment has allowed this to happen. The 4th amendment has gavin the right to law enforcement to be cruel and unfair about a search and seizure. Without a warrant you cannot search a person, well not anymore, the government can search anyone at any time in some scenarios. Normally, there is an abundant amount of evidence used to be given the permission to search one’s belongings, but since 9/11 law enforcement needs little evidence to be provided a search warrant.
Amendment IV In Modern Times
291 Words | 2 PagesAmendment IV is still used in modern times. Most often, Amendment IV comes into play during criminal trials, because in the 1950s, Supreme Court ruled that any evidence obtained an an unlawful search are ineligible to appear in court. However, this is very controversial because the illegal evidence might prove that the criminal is guilty, but the defendant will escape without punishment since it cannot be used. In addition, Amendment IV, in modern years, has been challenged and discussed often because of many contentious search and seizure incidents involving government or police. Recently, the government has been gathering information on American citizens’ Internet and telephone use in an effort to intercept terrorist activity online and over
Why The Fourth Amendment Requires A Probable Cause For Arrest
164 Words | 1 PagesThe Fourth Amendment requires a probable cause for arrest. Substantially, particular things are needed to legally conduct a search or seizure. This incorporates arrest, so a search, a seizure, or an arrest cannot take place without reason. Not to mention, there must be a "court order" for Apple to give the government "customer data." So, since a “court order” must be in place for Apple to give the government “customer data,” that “court order” would have to also take place for an arrest that could conceivably follow.
Acceptance And Complications Of The Exclusionary Rule
2659 Words | 11 PagesThe term paper will circulate around the Exclusionary Rule’s purpose, applications, limitations, and complications alongside with landmark cases pertaining to each component. The Exclusionary Rule is a legal principle stating that evidence obtained in violation of a person's Constitutional rights, such as the Fourth Amendment's protection against unreasonable searches and seizures, may not be used against them in court. This is significant in understanding how the Supreme Court utilizes the U.S Constitution to infer the writer’s intention as to what should be permissible today. The purpose portion of the essay will examine why the rule was formally integrated in American law, and how judges can use it to infer what the writers of the Constitution
The Fourth Amendment: Citizen's Privacy
119 Words | 1 PagesThe Fourth Amendment also provides citizens with privacy. One way it does this by not having the NSA listen to citizens’ phone calls. (4.4)This allows people the privacy of having their own private conversations; it gives them their right of privacy. Similarly, the NSA does not read citizen’s emails. (4.4) Again, this allows people the privacy of having their own private conversations.
Argumentative Essay On The Fourth Amendment
427 Words | 2 PagesThe right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.
Argumentative Essay: Should The NSA Surveillance
169 Words | 1 PagesThe whole point of the Fourth Amendment is not to completely stop the police, because the amendment can be waived if an officer has a warrant, or a person’s consent. The Fourth Amendment states that generally a search or seizure is illegal unless there is a warrant, or special circumstances. Technically stating that a citizen is protected by the Fourth Amendment, until a government employee gets a warrant, and then they can invade a citizen’s privacy. Also people state that the FISA Court’s warrants are constitutional, but the NSA’s surveillance is unconstitutional. Even though people do not like the NSA’s surveillance, the NSA is legal because the FISA Court that the people did not mind makes it legal.
First And Fourth Amendments
976 Words | 4 PagesThe main way that it is being disregarded is through the government’s surveillance of calls, text messages, internet browsing, and even phones when they are not being used. One of the most prominent examples of this occurring today is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (more commonly known as the USA PATRIOT Act, or simply the patriot act). According to constitutional attorney John W. Whitehead, it “allows officials to sidestep the Fourth Amendment by validating the wholesale disregard of the historic constitutional protections of notice, probable cause, and proportionality,” (Whitehead 1101). Another example of how the right to privacy guaranteed by the Fourth Amendment is being violated can be found in the actions of the Transportation Security Administration, such as searching everyone’s luggage and patting people down before flying. Does this government agency have a warrant to search everyone’s luggage and pat people down?
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