Fourth Amendment Essay Examples
The Fourth Amendment was created in response to the British practice of issuing a general warrant—warrants that were not limited in scope. The ultimate check that the Amendment places on law enforcement is one of “reasonableness.” This creates two broad categories of searches: searches that would be unreasonable without a warrant and searches that do not require a warrant. For example, warrants are not relevant in the context of school administration. However, warrants have historically always been required in the course of ordinary law enforcement.” Searches have generally always required warrants, but over time the Court created exceptions.
These exceptions have broken down the broad distinction created that was originally created by “reasonableness.” Two categorical exceptions were created by essentially balancing public and private interests: “special needs” and “totality of the circumstances.” Special needs cases arise when there is some great public need other than ordinary criminal detection present. The totality of the circumstances justify a warrantless search, for example, for a parolee because the state’s interest in preventing recidivism is much greater than the parolee’s expectation of privacy, which
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In King, Justice Kennedy referred to the invention of DNA technology as “one of the most significant scientific advancements of our era.” This statement has been criticized, but the impact of DNA technology has been significant. Currently, forensic analysts can use “junk” DNA to identify a person with near certainty. Law enforcement can collect a person’s DNA through saliva. The sample is then uploaded to CODIS, a national network of DNA databases. Any DNA that remains in CODIS available for comparison against new samples from recently apprehended criminals and old samples from unsolved cases. This has become an invaluable tool for law
Police Violate The Fourth Amendment
234 Words | 1 PagesIn the case, the Court did not see sufficient evidence to support the claim that the police violated the respondent’s Fourth Amendment right, prior to entering the resident. There is no evidence of threats or demands made by the police officers, that would insinuate the officer did anything wrong. Because the police in this case did not violate or threaten to violate the Fourth Amendment prior to the exigency, the Court held that the exigency did in fact justify the warrantless search. The officers re-acted upon suspicion and training (Vile, n.d.).
The United States V. Place 462 US Case Brief
510 Words | 3 PagesSignificance: The Supreme Court here expresses that governmental conduct like drug dog sniffing that can reveal whether a substance is contraband, yet no other private fact, does not compromise any privacy interest, and therefore is not a search subject to the Fourth Amendment. Terry v. Ohio permits only brief investigative stops and extremely limited searches based on reasonable suspicion including seizures of property independent of the seizure of the
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.
Phyllis Hennem Investigative Genetic Genealogy
1159 Words | 5 PagesToday, the FBI has DNA records of more than 5 million convicted offenders in the database CODIS, or Combined DNA Index System. However, DNA fingerprinting has limitations: it is limited to directly connecting crimes to felons already in CODIS, has high risk of contamination, does not look at familial records, and only analyzes short pieces of DNA. With the advent of more affordable and high resolution genetic technologies after The Human Genome Project, over 35 million people have submitted their DNA to the largest direct-to-consumer genetic companies. Two companies, FamilyTreeDNA and GEDmatch, also allow law enforcement access to their databases. Thus, beginning investigative genetic genealogy, a new method of forensic investigation not only with higher resolution DNA information than DNA fingerprinting but also the capability of finding a suspect from distant relatives.
Dk Dbq Analysis
742 Words | 3 PagesAccording to the Fourth Amendment, people have the right to be secure in their private property, and may only be searched with probable cause. However, in a recent case, this right was violated by the government. An Oregon citizen, with the initials of DLK, was suspected of growing marijuana in his home. The federal government used a thermal imager to scan his home, and were later given a warrant to physically search his home. However, many remain divided over whether or not this scan was constitutional, as there was no warrant at the time of the scan.
Loss Of Innocence In The Crucible By Tiffany Madison
919 Words | 4 PagesFor example, in the past, DNA testing did not exist. Nowadays, DNA testing helps identify criminals after it is
Essay On Fourth Amendment
941 Words | 4 PagesOur founding fathers created the Bill Of Rights which are the first ten amendments to the Constitution of the United States. One of the most important amendments is the Fourth Amendment. It 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”(p. 11). What are our founding fathers were trying to do is keep our country from a police state, a state in which law enforcement could enter our homes without probable cause. This protection provides the citizens of the
The Pros And Cons Of Unwarranted Search
471 Words | 2 PagesThe Fourth Amendment forbids unreasonable searches and seizures from police officers, unless a search warrant has been allowed by the Court. However, the Supreme Court ruled that unwarranted searches will be acceptable if: the officer reasonably feels the search is necessary for his/her own safety, if probable cause leads the officer to believe a crime has been committed, if the person consents to the search, or if the person has been arrested, and the search is related to the crime. These reasons are arguably fair, as a police officer should be able to act on intuition if he/she feels as though his/her life is in danger or the lives of other. However, this opens up the possibility for racial bias affecting the judgment of police officers,
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
4th Amendment Research Paper
460 Words | 2 PagesThis exception applies where it would be “impracticable” to apply for a warrant or to mandate probable cause (Griffin v. Wisconson). The case of MacWade v. Kelly outlines the test for whether the special needs doctrine should apply in a specific case. The first premise is that the search must be for a purpose beyond the state’s general interest in law enforcement. The second premise is that a warrantless search must be deemed “reasonable”. In determining reasonableness, the court must consider “the weight and immediacy of the government interest, the nature of the privacy interest allegedly compromised by the search, the character of the intrusion imposed by the search, and the efficacy of the search in advancing the government interest”.
Arguments Against The 4th Amendment
1073 Words | 5 PagesBefore the 20th century, there were few, if any, cases based on the Fourth Amendment. However, as surveillance by law enforcers became more common, these tactics, and others, were scrutinized in court cases throughout the 20th and 21st century. Within the past 50 years there have been more and more cases held to determine whether or not a citizen’s right were being violated or if authorities were within the law. Like a story with multiple timelines, the outcome of a case disputing the fourth amendment is not always clear or predictable. PII Like many of the other amendments, already established traditions of British law supported the concept of the IV Amendment.
Constitutional: The Effects Of The Fourth Amendment
224 Words | 1 PagesThe Fourth Amendment contains some points that could be used for malicious purposes and technically still be Constitutional. For example, law enforcement officer can use a subpoena instead of a warrant, according to Your Digital Trail: Does the Fourth Amendment Protect Us? (2) Subpoenas are easier to get since they do not require a judge to determine if there is probable cause, yet there are more ways a law enforcement officer could cheat to get someone to remove his/her rights. According to Wex Legal Dictionary | The Fourth Amendment, if the person convicted confesses or agrees to nullify the effects of the Fourth Amendment, it cannot protect them.
Argumentative Essay On The Fourth Amendment
427 Words | 2 PagesTo begin, we need to understand the fourth amendment. The fourth amendment was created to prevent the government from breaching into our homes and convicting us of crimes based on evidence they discover within our homes. It was vital to state unreasonable searches in the constitution, and an unreasonable search is a search done without
Importance Of The Fourth Amendment
1058 Words | 5 PagesWould you like your home to be searched in the middle of the night and have all of your stuff thrown on the ground just because a police officer may think that you have been doing something illegal? Luckily your Fourth amendment right protects you from this ever happening. The purpose of the Fourth Amendment is to protect U.S. citizens from unreasonable searches and seizures by the government. During the revolutionary war the British had imposed the writs of assistance which was a law that gave British government much more power over American Individuals. Americans were very unhappy with the writs of assistance because many would be thrown in jail without reason or a very weak one and their property would be destroyed by British officials
Essay On Search Incident
633 Words | 3 PagesUnited States v. Robinson, 414 U.S. 218 (1973) – The U.S. Supreme Court held that "in the case of a lawful custodial arrest a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a reasonable search under that Amendment." Weeks v. United States, 232 U.S. 383 (1914) established that after an arrest is made
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