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Fourth amendment concept essay
The fourth amendment
4th amendment analysis
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More handpicked essays just for you.
Fourth amendment concept essay
The fourth amendment
4th amendment analysis
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Case Name, Citation, Year Safford Unified School Dist. #1 v. Redding 557 U.S. 364 (2009) Facts of the Case Redding was an eighth grade student, who was suspected of having over the counter drugs on school grounds. Over the counter drugs on school grounds is a violation of school policy.
Peter Crumans 4th amendments were not violated when he was compelled to show his Facebook page. School officials were trying to protect the wellbeing of their students, therefore trying to get to the bottom of what this tip was about and needed to search the suspected student who after a little persistence began to cooperate. Principal Lyons received an anonymous tip that Peter Curman had posted that he would be conducting a few sales of illegal drugs on school property giving him reasonable suspicion to search the student. In the case of New Jersey vs. T.L.O school officials were able to search a student due to reasonable suspicion for violations on school property, therefore giving principal Lyons justification because he not only received
And, it is not over yet because, in violation of the 14th Amendment Due Process Clause, Solomon did not receive notification of the forfeiture against property where he had an interest. At all times, the government knew that he was incarcerated in either the county or the U.S. Penitentiary. The rules that authorize service of process of notice upon inmates subject to forfeiture via a newspaper publication is not sufficient legal notice because inmates do not have access to receiving or reviewing the notice. Furthermore, the posting of the notice at a local courthouse where they are denied access to view the publication is not legally sufficient notice.
The student’s voluntarily provided the officer with additional drugs and provided written consent, to a search of the room although they had the right to refuse the search and demand a search warrant. Reasoning/Analysis of the Court The Court held that the "plain view" exception to the Fourth Amendment warrant requirement permitted the officers to seize clearly incriminating evidence discovered "in a place where the officer has a right to be." The Court held that the officer had a right to be at the first students’ elbow at all times. The officer obtained lawful access to the student’s dorm room and was free to seize incriminating evidence.
In the Opinion Announcement of Morse v. Frederick, Justice Roberts said, "...students do not shed their First Amendments rights at the schoolhouse gate... The rights of students at {a} school are not the same as the rights of adults in the community at large" (Morse). The point he is getting across is that even though students still have their first amendment right at school it is more filtered as they are required to follow school policy (Morse). In the case of Morse v Frederick, his first amendment was not broken as he was promoting illegal drug use at a school event which is explicitly prohibited at school no matter if at school grounds or not (Morse). From this case, it is further understood that students still have some right to be free
Case: New Jersey v. T.L.O. (1985) Facts: A high school freshman (T.L.O) had her purse searched by the Assistant Vice Principal at her school because a teacher found her and another student smoking in the lavatory. The Assistant Vice Principal uncovered cigarettes and marijuana. Procedural history: T.L.O. motioned to suppress the evidence because her Fourth Amendment rights were violated and was denied by the Juvenile Court stating the search was reasonable. The Appellate Division of the New Jersey Superior Court agreed there was no violation of the Fourth Amendment. The New Jersey Supreme Court reversed the decision stating the search was unreasonable.
United States v. Mark James Knights, 219 F. 3d 1138 Issue: The issue involved in this case is whether the respondents Fourth Amendment rights were infringed upon when law enforcement searched his home without a warrant. Even though respondent agreed to the terms of probation following release, which included searches of his person or premises with or without a warrant (The United States Department of Justice, 2014). Rule: The rule of law in regards to Knights probation conditions following release state that Knights would “submit his person, property, residence, vehicle, personal effects, to be searched at any time, with or without a search warrant, warrant of arrest or reasonable cause by any probation officer or law enforcement officer” (Karagiozis et al., 2005 p. 223).
Before taking a look at this case, think about the following questions. Do students have the same rights under the 4th amendment as adults? , What are students’ rights while being searched on school grounds?, and What guidelines do administrators and teachers need to follow as a result of New Jersey v. T.L.O? The case of New Jersey vs T.L.O involved two freshmen high schoolers who were caught using narcotics in the restroom by a teacher. The teacher took the students to the principal who then asked the students about the incident.
John is a young 17 year old young man that lives in the poor side of chicago, this man killed a man when he was walking home from school because he was being robbed. The second man is Dawson he is a 19 year old man who is wealthy and lives in a nice house in beverly hills. This man killed his best friend because he was drunk and thought his friend was a burglar who was robin his house. Both of these men committed similar crimes who do you think is going to be let off easy and who was sentenced to life in prison or the harsher consequences?
According 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.
The Eighth Amendment prohibits inflicting cruel and unusual punishment on citizens. The judicial branch must ensure that the rights and privileges granted to American people by the Constitution are provided equally regardless of their race, sex, or sexual identification (Edmondson, 2017). John Doe after serving two years of a five-year sentence for manufacturing methamphetamines, escapes from prison by hiding in the back of a milk truck. When the milk truck makes its first stop, inmate Doe climbs out of the milk truck and walks away without anyone’s assistance. Inmate Doe manages to find a new set of clothes, catches a ride with a stranger, and shows up at a friend’s home.
The Fourth Amendment to the United States Consitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant be judicially sanctioned and supported by probable cause. The common misconception is that it simply covers what it states. In the age of development and new technology, it is likely that what we consider secrets or personal information is not as secret or personal as we once believed. Important pieces of evidence or information have often been found through illegal means, and this has led to many cases that change the way the constitution and the Fourth Amendment affect
The 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.
According to James Madison, “Congress shall make no law…. abridging the freedom of speech….” The First Amendment was written in 1789 and it has worked for decades. However, after the introduction of internet in human’s daily life, the society is now challenged with the idea of government’s role in monitoring the internet content. With situations that include threats, substance unsuitable for children, and online malicious behavior, there is a need for government’s regulation on people’s speech.
To 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