Fourth Amendment
For all Americans, the Fourth Amendment is an essential element of the U.S. Constitution that protects everyone's rights. This has influenced the way that the criminal justice system is interacting with defendants and the tactics that are utilized by law enforcement when conducting investigations. To fully understand how this is impacting society and legal proceedings requires studying various sources. This will be accomplished using academic information (i.e. books, case law and journal articles) to highlight the issues. In the future, this paper will contribute to a greater understanding as to how it requires maintaining a balance in protecting individual rights and giving the government effective tools for enforcing the law. (McInnis, 2009) (Lively, 1999)
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The Fourth Amendment is designed to provide Americans with protections against unreasonable search and seizure. It has several different provisions that have been subject to various legal interpretations to include: the use of warrants, probable cause, the exclusionary rule and limitations. The combination of these factors is demonstrating how the application of these areas will depend upon a variety of circumstances.
One of the most important protections inside the Fourth Amendment is the use of search warrants. This is when the police must obtain written authorization from a judge to conduct a search based upon suspected criminal activity. During the process, law enforcement must demonstrate that a crime is taking place at the location and a search is necessary. This is designed to prevent someone from having their personal lives placed under a microscope without some kind of proof. (McInnis, 2009) (Lively, 1999)
The courts have ruled that the definition of a search applies not only to the actual property where someone lives. It is also covering when someone is using the telephone and other electronic device. In Katz v. United States, the Supreme Court said that any kind of electronic communication equipment (i.e. computer and telephone) fall under the classification of search. (McInnis, 2009) (Lively, 1999) While United States v. Jones, applied this definition to instances when law enforcement is trespassing on someone's property. Their presence and activities...
Constitutional, Legal and Ethical Issues in Criminal Justice Police abuse remains one of the most serious and divisive human rights violations in the United States. The excessive use of force by police officers, including unjustified shootings, severe beatings, fatal chokings, and rough treatment, persists because overwhelming barriers to accountability make it possible for officers who commit human rights violations to escape due punishment and often to repeat their offenses. Police or
Both the U.S. Senate and the U.S. Congress are slowly coming to the realization that they will have to address this issue which the Bush administration left behind to muddy the waters of citizen privacy rights in combination with the cases that are presently awaiting an appeal in the appeal courts throughout the United States due to violation of their rights to privacy during search and seizures arrests. Bibliography Panetta, Toni
limits that should be placed upon search and seizure in public schools. Apply specific legal rulings to support your position. Analyze the New Jersey v. T.L.O. case and explain how it supports or undermines your argument. Recommend changes to existing (specific) laws to create a fairer educational setting in terms of search and seizure. It seems to me that search and seizure of student and faculty member possession should be scrupulously directed by
" According to the American Civil Liberties Union (ACLU). A "national security letter" (NSL) is basically a written demand by the FBI or other federal law enforcement agencies for a group or organization to turn over records or data or documents, with no warrant attached to the demand. They are given out without probably cause or any justice-related back-up, and have been used extensively since the Patriot Act; they are
" Retried on 03.06.06 at http://www.ergoweb.com/news/detail.cfm?print=on&id=525 15. Hunter R. Hughes, III." (2006). Retrieved on 03.06.06 from: Rogers & Hardin LLP http://www.acctm.org/hhughes/. 16. French. (2002). The Most Recent Development: An Overview GENETIC TESTING IN THE WORKPLACE: THE EMPLOYER'S COIN TOSS Duke L. & Tech. Rev. 0015. 17. "BNSF and EEOC Settle Genetic Testing Case Under Americans with Disabilities Act "V. (2006) http://www.bnsf.com/media/news/articles/2002/05/2002-05-08-a.html. 18. Michael. 19. Schafer. 20. Ibid. Genetic..." 22. William Shakespeare (1623) Macbeth, Columbia Encyclopedia. http://www.bartleby.com/66/65/53165.html. 23. William Shakespeare (1564-1616),.
Open Fields Doctrine and Its Relevance to the U.S. Constitution What is the open fields doctrine? According to the definition provided by Black's Law Dictionary (1990), the open fields doctrine "permits police officers to enter and search a field without a warrant. The term 'open fields' may include any unoccupied or undeveloped area outside of the curtilage (Oliver v. U.S., 466 U.S. 170, 104 S.Ct., 1735" (1091). For the purposes of searches
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