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Mcfadden Case Summary

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Recommended: Analysis of the fourth amendment

outer clothing. McFadden asked one of the young men to take off his jacket once he felt a weapon in his underclothing during the pat down. The young man proceeded to take off his jacket as instructed. McFadden retrieved a revolver and decided to arrest the three young men. One of the young men was named terry and decided to argue that McFadden had indeed violated their fourth amendment right. Truth is their fourth amendment right wasn’t violated. McFadden had probable cause to stop these gentlemen and he also had reasonable suspicion which granted him the right to search the young men. Now stop and think for a moment, what if McFadden actually wouldn’t have stopped the group of young men? Could they have possibly robbed the store and hurt or
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Now although the office filled the warrant out he didn’t specify which unit in a multi-family housing unit was supposed to be search. Unfortunately, the police raided the wrong house or residence, which in returned caused them to kick down the door as well as terrorize an innocent family. Therefore, an innocent person could have gotten killed which has happened before in New York. However, the requirement that the location of a search warrant be specific isn’t “a technicality” but a core principle of the Fourth Amendment (washingtonpost.com. n.d.). Therefore, the reason that the Fourth Amendment was created goes back to the general warrants that the British crown issued to English

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A review of the events involving the North Charleston, S. Carolina Whitlee Jones murder case as it applies to the Tennessee “stand your ground” statute brings several factors into question. As indicated in the article, South Carolina’s law as does Tennessee’s states that a person having reasonable fear of death or serious bodily harm can use deadly force on the unlawful intruder. However, this does not apply to a lawful resident or a person who has a legal right to be in the dwelling, business, or auto (Knapp, 2014). As Jones indicates she removes herself from the danger on several occasions, yet she continues to return, placing herself once again in position to receive serious injury or death from her boyfriend who is legally occupying the

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Where there was no probable cause to arrest Hayes, no consent to go to the police station, and no prior judicial authorization for detaining him, the investigative detention at the station for fingerprinting purposes violated Hayes rights under the Fourth Amendment, as made applicable to the States by the Fourteenth Amendment. Reasoning: The police without a warrant or probable cause removed a subject from his home and transported him to the police station, where he was not free to go, although he was there briefly for questioning, In addition fingerprinted him.

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v. Moscatiello where police lawfully entered a warehouse and in the process discovered drugs, they left the compound as they found it, got a warrant and returned and arrested the suspect for drug possession (Samaha page 393). The court held that the unlawfully entry didn’t help find the drugs (Samaha page 393). Even though the police were in good standing it still shows the law and constitution were fundamentally violated when the police violated Moscatiello fourth amendment right to unlawful search and seizure (Samaha page 393). This case shows that the police can enter a person’s home look around find something leave and come back legally and take what they found while they were searching illegally as long as they can show they would have found it anyway (Samaha page 393). Again if those tasked with keeping the law don’t follow it what is the incentive for the average Joe to follow

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So, then the officer will go and ask them questions and then feel around the person’s outer garments such as pants, waist, by the sock area, jacket (if worn at time) only to check for a concealed weapon and/or contraband. Never should the officer go inside the person’s pockets, shoe, or their pants. Stop and frisk is one of the most controversial police procedures that there are. This is a limited search that should only be performed when an officer has reasonable suspicions on a suspect. The American courts adopted stop and frisk from the British command

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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.

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In addition, the law enforcement only needs to be “supported by a probable cause” or an “arrest warrant,” to search a United States citizen. Although, the police officer could arrest a suspect to stop them from running away or to preserve evidence. Besides the Fourth Amendment is still beneficial for all United States

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