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4Th Amendment
The 4th amendment explained
The 4th amendment explained
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More handpicked essays just for you.
4Th Amendment
The 4th amendment explained
The 4th amendment explained
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: 4Th Amendment
Facts: Law enforcement gathered enough evidence to establish probable cause that Payton murdered a gas station employee. Without an arrest warrant, agents entered the suspect’s home with force to make an arrest. Payton was not home at the time of the entry but in plain view officers found a shell casing that was used for evidence. Issue: Is it unreasonable under the Fourth Amendment Search and Seizure Clause for law enforcement to enter a home without an arrest warrant or search warrant
This is primarily evidenced by the fact that the imager did not scan the inside of DLK’s house, nor were the officers on his property while they were operating the scanner, and finally, the police had reason to fear loss of evidence, and therefore scanning DLK’s house was not a violation of his rights. To begin, the thermal imager which police used to scan DLK’s home was not capable of viewing the inside of the house. To further elaborate, the thermal imager scans the outside of a
Claiming the thermal evidence was a violation of the fourth amendment right, your right to privacy within your home and to legal searches. After this case was sent to the Supreme Court, which I agree is where this case belonged, they found that the lower courts judgments were wrong in admitting this evidence. And after reading the facts of the case fully and Justice Scalia’s court opinion, I would have to agree that this case requires further inquiry into the original intent of the fourth amendment. I think that we as citizens do have a right to privacy within are home, however I think that if someone is doing something illegal within their home then there should be proper measurements that are taken to stop them. The reason I think the court should have ruled in the way they did is because this is a case where is begs the question how far can someone go using technology to obtain information that normally would have caused the officer to break the law to
The Weeks v United States case was the Supreme Court basis in determining to incorporate the Fourth Amendment into the Fourteenth Amendment due process clause and apply the exclusionary rule in state cases. In this essay, I am going to discuss the reason why the Supreme Court determine that the exclusionary rule should apply to the state police activity. Prior to the case of Weeks v United States, the state police activity “were not limited in their conduct by the Fourth Amendment” (Ingram p.81) and the exclusionary rule of Fourth Amendments illegal search and seizure only applies to federal law enforcement officers. Basically, it means that state law enforcement officials can illegally search and seized criminal activity evidence and court don’t prohibit the use of illegally obtained evidence in the trial court.
The use of the thermal imager violated DLK’s fourth amendment right. Even though DLK’s acts were illegal, the process of arresting him violated his 4th amendment right due to the fact that the imager goes enhances the eyes ability, the evidence was not disappearing, and the scanning reveals details that can only be found by going in a given house. The first reason DLK’s fourth amendment right is infringed is due to the fact that the thermal imager goes heightens the eyes ability. Document D states “Thermal imaging is extrasensory and permits the police to “see” what is invisible to the naked eye.
If 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
Billy 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 Twenty-fifth Amendment of the United States Constitution revolves around succession to the Presidency and construct procedures for filling a vacancy in the Vice President’s office, as well as responding to Presidential disabilities. It also supersedes the arguable terminology of Article II, Section 1, Clause 6 of the Constitution, which does not clearly state whether the Vice President becomes the President, or Acting President, if the President dies, resigns, is impeached, or is otherwise unable to honor the powers of the presidency. The Twenty-fifth Amendment is broken down into four sections, all pertaining to the Presidency, and what should happen if anything goes wrong. In regards to the Vice president becoming president, the only
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 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
My third amendment I want to consider changing the 12th amendment the election of the president and vice president. This amendment was created to tie the electoral college in the president and vice president election. My reasoning is that whoever can vote should be able to choose who they want as president not the electoral college. This should be abolished because this country is a democracy and the popular vote should count not the electoral votes (Debate.com). With Hillary Clinton, more than 300,000 votes ahead of President Donald Trump in the popular vote count as of the election calls have already begun to ditch the Electoral College system enshrined in the Constitution for choosing presidents (Editorial Board).
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.
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
First Amendment Right is the freedom of speech, religion, and press these are the rights that the prisoners have, but remains a legal challenge. The freedom of religion is a guaranteed right that’s ruled by the courts to allow prisoners the right to pray in the religion of their choice. Different symbols and practices can be restricted due to institutional security. The religion rights are recognized through the Supreme Court to allow prisoners to practice their religion the most important about these case on this issue limited absolute religion freedom and placed the security institution the above right to attend religious services. Freedom of speech and pressed can be modified and granted by the federal law.
Electronic surveillance is also under the Fourth Amendment, so the law enforcement cannot watch you with any type of electronics of any sort. Furthermore, your personal items: backpack, house, or phone are considered your property so the law enforcement can search any of them without the citizen’s permission or proved as reasonable. Although of all of the advantages of the Fourth Amendment, a disadvantage is that for the law enforcement it makes accumulating evidence