AMERICAN PUBLIC UNIVERSITY SYSTEM Charles Town, West Virginia PROPOSAL FOR LSTD 299 RESEARCH PAPER ASSOCIATES DEGREE IN PARALEGAL STUDIES AMERICAN PUBLIC UNIVERSITY SYSTEM SCHOOL OF SECURITY AND GLOBAL STUDIES LEGAL STUDIES & EMERGENCY AND DISASTER MANAGEMENT PROGRAMS BECKY DEKRUIFF 3112294 2017 I propose to the Legal Studies Associates Degree Capstone Professor a study of the following Topic, to be conducted in partial fulfillment of the requirements for the paralegal Studies Associates Degree Program: Table of Contents Purpose Statement 2 Thesis Statement 2 Background 3-5 Significance of the Study 6 Conclusion 6-7 Purpose Statement My purpose of this research paper is to argue whether the act of searching a vehicle …show more content…
The need for security of our borders has become more prevalent since 9/11 and the use of Border Patrol has helped to ensure this security. Along with the increase of security on our nation, the increase on regulations governing not only police officers and government employees the regulations for Border Patrol have grown to ensure they are staying within the scope of their jurisdiction. Even though warrantless searches are deemed constitutional for Border Patrol, due to the amount of immigration within 100 miles of the Mexican border, warrantless searches may be deemed to be in violation of the 4th amendment because the 4th amendment states law enforcement must have a warrant or have probable cause to search a vehicle. Law enforcement agencies to include Border Patrol have been highlighted in the past years as disregarding the laws that govern through main stream media which is ever growing in this day in age. These government agencies have regulations and each department is supposed to follow the regulation in which are in accordance with the laws, however, time and time again these agents are found to be in violations of these laws. The misconduct of these agents is not only violating the 4th Amendment rights of American citizens it is also costing the tax payers millions of dollars in litigation
Every citizen of the United States has their own person right that protects from the governments abusive power. The Bill of Rights was established to ensure the safety of American citizens but not just American citizens some rights are universal for anyone else. Regardless of the Bill of Rights Law enforcement has violated our rights. The constitutional issue has uplifted and many Americans are outraged. Law enforcement should have not have the right to violate people’s rights even though they need to ensure the welfare of all American citizens.
The Fourth Amendment should be stricter because law enforcement agencies
It all starts with the United States passing the Immigration Act of 1907, which was a law that “required all immigrants entering the United States to pass through an official port of entry, submit themselves to inspection, and receive official authorization to legally enter the United States” (Hernandez pg 1). The United States quickly became a nation severely divided over the issues of illegal immigration. In May of 1924 the border patrol was created to enforce immigration laws and restrictions by preventing illegal border crossings and policing the borderland regions. Despite many possible subjects or ‘suspects’ of illegal immigration, such as Asians, Europeans, and prostitutes, the U.S border patrol almost exclusively focused on Mexican immigrant workers. Then in the 1940s, the focus of the U.S border patrol shifted to the southern border.
The American Civil Liberty Union, since the second provision of the law took effect, received hundreds of calls about the possible rights violation related to the provision, hence the reported victims reveal that they (U.S. citizens and permanent residents) were subjected to racial profiling and unlawful detention by law enforcement (Wessler, 2013). The bill is a violation of the United States’ 4th Amendment that protects people against unreasonable searches and seizure. The policy grant law enforcement the authority to detain people through subjective judgement, therefore, police officers can harass and discriminate against those whose visually appear to be Mexican or Hispanic, regardless of the person’s immigration status or
The USA Patriot Act was signed into law on Oct. 26, 2001, due to the need for cooperation among all levels of security. Police and other department agencies were given powerful authority and encouraged to share information. This is to meet the goal for a safer America in times of turmoil including international affairs. But as the years have passed and as terrorist attacks seem to cease, people have begun to question if there’s too many restrictions on law enforcement were called off.
Stephanie Hernandez How to Become a Border Patrol Agent Audience Use Profile: The following instructions are intended for any criminal justice major students or anyone that is interested in becoming a Border Patrol Agent. Requirements: To be eligible to apply to become a Border Patrol Agent you are required to be a U.S. citizen between the ages of 18 and 40 years old with a valid driver’s license. General work experience or a bachelor’s degree will be required as well.
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
The 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.
Ohio, 367 U.S 436 (1966) and Weeks v. United States, 232 U.S. 383 (1914) will explain in debt on how the fourth amendment has been adjusted to fit the justce system. People who are not part of law enforcemt should not interven with investigations because it makes the issue more diffuclt, but like every law or rule it can be justified. they are two factors that can be consided when determinding when a private person is acting as an "instrument of the state. " one way private people can be justified is by how much the government had influenced the private person. another way this can be justifiable is when the governent is using the person to obtain eveidence ( 'the discovery of the criminal activity or evidence").
Act violated the Fourth Amendment's guarantee against unreasonable search and seizure. According to NBC News. Another shocking finding from this case was that by asking [Judge Aiken] to dismiss Mayfield's lawsuit, the judge said, the U.S. attorney general's office was "asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would deprive it of any real meaning. This court declines to do so (Aiken). This came as a big shock to the nation because if the government was willing to ask for a dismissal of the lawsuit what else could they be doing behind our backs.
Even with it, the current protests in Chicago show concern about people's Fourth Amendment rights. Many police officers in Chicago pullover and search people’s cars due to “suspicious” signs of drugs. Most of the people pulled over are black and this not only creates racial tension between
The Fourth Amendment affirms that "people are secure against unreasonable searches and seizures, no Warrants shall issue, describe the place to search, and the persons or things to be seized. " There should be a warrant for everything if what a person is being charged for is risking their rights as a U.S citizen. For example the privacy of a citizen is safe under the Fourth Amendment. Second, the property belonging to U.S citizens is secure from search and seizure without a warrant. Third, due to the Fourth Amendment, any citizen is safe from unfair arrests.
Officers abuse their power and most of the time get away with it which is not right, they are figures that the public trust to enforce the laws and keep them
According to Beckett, Programs such as Immigration Customs Enforcement (ICE) have the mission and authority to locate and deport unauthorized workers, immigration suspect that violated the law and people who are a threat to public safety. If ICE has the authority to arrest any suspect who is violating the law, than immigration raid should be morally correct, but what if ICE is violating the law too, is it still correct to continue immigration raids? ICE is taking advantage of their authority by extending jail stays. A recent study shows that people with ICE detainer request staid longer in jail (46.3 days more) than those without detainers. According to the constitution of the United States of America, the fourth teen amendment talks about
Emigration, the act of such persons leaving their country and heading to a country of foreigners for different reasons. Immigration has never been an easy choice, but recently factors have made it easier. Immigrants, in my point of view, can be divided into two kinds, the first are people leaving their countries looking for a source of money and escaping the struggle of poverty, and the other kind are people looking for a peaceful life with no bombs damaging their hometowns every day, escaping wars and political persecutions looking for the freedom they have always been missing. I see that the immigration crisis nowadays is in its worst, as we can see, according to the UNHCR (The UN Refugee Agency), there are 65.6 million displaced people worldwide,