What Is The 4th Amendment Fair
The Fourth Amendment the Search and Seizure amendment was first passed by Congress on September 25, 1789 (National Constitution Center) that states the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures (National Constitution Center). For the first one hundred years after this amendment was This amendment of the Constitution has been used by both civilians and governmental officials as proof of why they believe an incident that occurred was fair, or unfair. However, there have been times when deciding the fairness or unfairness has not been crystal clear. For instance, the case of Tennessee v. Garner that was first argued on October 30, 1984, and later decided upon on March
Why Is Tennessee V. Garner Important
541 Words | 3 PagesTennessee v. Garner Assignment Tennessee v. Garner is a case where police used deadly force. This is a great case to examine when deadly force should or should not be used. The Fourth Amendments states, the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This right should not be violated. “Seizure under the fourth amendment would only be reasonable if the suspect posed a threat to safety of police officers or the community at large” Tennessee v. Garner (1985.)
The Fourth Amendment: The Most Important
117 Words | 1 PagesThe First Amendment is the most important, because of freedom of religion and freedom of speech. Many people think that the fourth amendment is the most important. They think this, because it is important for a person to be able to tell policemen “No” if they ask you if they could search your car or your house. I believe that the fourth amendment is really important, but you wouldn’t be able to tell the policemen “No” if you didn’t have freedom of speech. George Washington said,”If the freedom of speech is taken away then dumb and silent we may be, like sheep to the slaughter” (“Famous Quotes Freedom of Speech”).Without freedom of speech and religion we are nothing.
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
Terry V. Ohio-Stop And Frisk Case
2176 Words | 9 PagesTerry had filed to the District Court of Cleveland because he wanted the evidence that was found on him thrown out. Terry had felt that the evidence that was found on him violated his Fourth Amendment; which is the people’s right against search and seizures. In an eight to one decision, the court had decided that McFadden, the police officer, had enough probable cause to search him and that it did not violate the Fourth Amendment.
What Is The Case Of Mcculloch Vs Maryland 1819
3094 Words | 13 PagesOpinion: The opinion for this case was 6-3 upholding to Mapp. She used the First Amendment rights for her case during court. However, Mapps also used the Fourth Amendment to the U.S Constitution saying that because it was an unfair search and seizure. Her house was her privacy and they were unfairly trespassing. 10.
Summary: The Case Of Freemont Weeks V. United States
1396 Words | 6 PagesIn the case of Weeks v. United States on December 21, 1911 in Kansas City, Missouri Freemont Weeks was arrested at his job on suspicion of transporting lottery tickets through the mail, meanwhile officers were entering into his residence without his permission or a warrant. Weeks took this case to trail to petition for the return of his private possessions. If the court decides to not return his property he could be convicted of transporting lottery tickets through the mail which is illegal in Missouri. But this is a violation of his 4th Amendment rights if the court decides to use the evidence they was seized illegally.
The Case Of Timothy Ivory Carpenter Vs United States
364 Words | 2 PagesIn the case of Timothy Ivory Carpenter V. UNITED STATES Did the government overstep its bounds in Detroit without getting a probable cause warrant, and did the government violated the 4th amendment of Timothy Ivory Carpenter? The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,but upon probable cause, the police have the right to searched, and the persons or things to be seized. That is the 4th amendment. So what are the facts of the case then? (“United States v. Carpenter.”
Arrest: The Graham Vs. Connor Case
1593 Words | 7 PagesIt protects people from unlawful searches and seizures, which indicates that the police can't search you or your property without a warrant or probable cause. Graham vs. Connor, along with the Fourth Amendment, might’ve set an idea of how much force a police officer can use on a suspect, but as time has passed and views have changed does this idea still exist? Do Officers still keep in mind of the Fourth Amendment? Or are recent cases, such as Michael Brown, Philando Castel, or Trayvon Martin, exaggerated by the media and their
Explain The Limitations Of The 4th Amendment
87 Words | 1 PagesIf a natural disaster strikes my area and the power is out for weeks, one of the limitations would be that the people would not feel that safe. Security wouldn't be enforced and since there is no security, there could be several possibilities of theft. Another limitation would be searches for any and everything. Both of these limitations should be practiced, so even if there is a national disaster we could be ready. The 4th amendment can be used as an explanation of how the limits
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.
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,
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.
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.
Violating The Fourth Amendment
210 Words | 1 PagesThe fourth amendment can be beneficial but, it can also to some U.S. citizens be invasion of privacy. The fourth amendment 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,” some U.S. citizens believe that Law Enforcement, the Government and the NSA are violating the required guidelines of the Fourth Amendment. The NSA is conducted a mass U.S. surveillance not to believe specific individuals may be engaging in terrorist activity, but instead to believe all of us may be engaging in such activity. The government mass surveillance proves that U.S. citizens are considered suspects at all times. With the Patriot Act the NSA has access to
Causes Of Racial Profiling
1496 Words | 6 PagesIs war really a battle fought between two nations or more? The oxford definition of war is a state of armed conflict between different nations or states or different groups within a nation or state. In relation to war, racial profiling can be seen as an undeclared war. An undeclared war is a term used for disagreement fought without an official declaration. The undeclared war between male minorities and police forces is a constant issue that is being surpassed in our society.
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