Questions On The Fourth Amendment - 1770 Words

HOMEWORK: 1 1. Describe Fourth Amendment as you understand including all areas and places it covers? A. The main aim of us constitution about the fourth amendment law is to protect the people from unreasonable searches and seizes and also the right of the people to be secure from persons, papers, effects etc....They are no right to search or seize any individuals without any search warrant. They must not be violated by warrants issued without any cause, supported by oath or affirmation, or not describing any of the places particularly to be searched. This law balances in mainly two subjects with the same ratio â€Å"protecting individual’s Fourth Amendment rights and protecting government interests, such as public safety† etc....The fourth†¦show more content†¦Again in other case if a judge has issued a warrant he can break the door when there is no response from the person and go inside the house to investigate and also he can catch at the public place also. Upon that they are some exception while searching or seizing the things like emergency, lawful arrest, consents, stop and frisk etc†¦ In the recent years electronic searches and seizures become more in the courts recently due to increase of popularity of the computers. Law enforcement has continuously witnessed continuously increasing of crimes in electronically. This mainly includes in hard drives computers. As per the USA patriot act the legislation’s provisions decided to increase the law of enforcement to search the emails and telephonic communication from different fields. By this they can trap the call and issue the search warrants rather than the surveillance warrant. The law included in the fourth amendment is called The Exclusionary Rule. This law includes the search and seize unreasonably towards the accused. 2. Are there exceptions to having a ‘search warrant’ before a search can be conducted? A. yes, they are some exceptions for a search warrant before a search can be conducted. In some cases a warrant is not required; mainly the fourth amendment covers some of the situations like, in emergency circumstances a search warrant is not required, here officer can directly search without any warrant which is lawful. Because in this case ifShow MoreRelatedQuestions On The Fourth Amendment1813 Words   |  8 Pages1) Describe Fourth Amendment as you understand including all areas and places it covers? Fourth Amendment protects people from unreasonable searches and seizures of certain papers, books, documents etc. Rules are not violated in it. There must be probable reason because in order to arrest a particular person without a search warrant. It possesses an oath or affirmation from the government. It has two fundamental rights as Right to privacy and Right to freedom. Search occurs when it has a correctRead MoreQuestions On Fourth Amendment Jurisprudence2218 Words   |  9 Pages†¢ Fourth Amendment jurisprudence is primarily concentrated in four areas: 1) defining â€Å"searches†; 2) the Warrant Requirement, in which warrantless searches are semantically precluded except in specific and tightly constricted situations; 3) the Probable Cause Requirement, whose exclusive provisions are closely associated with the Warrant Requirement’s proscription of police inquiries into same; and, 4) the exclusionary rule, which presumptively excludes any informati on or evidence gatheredRead MoreSearch And Seizure : Lesson Plan1069 Words   |  5 PagesSearch and Seizure Lesson Plan Teacher: Miradije Rashiti Grade Level: 11th Grade Subject Area: U.S. Civics Content Focus: Fourth Amendment Relevant State and National Content Standards/Common Core Standards CCSS.ELA-LITERACY.RH.11-12.3 Evaluate various explanations for actions or events and determine which explanation best accords with textual evidence, acknowledging where the text leaves matters uncertain. CCSS.ELA-LITERACY.RH.11-12.7 Integrate and evaluate multiple sources of information presentedRead MoreThe Second Amendment And The Fourth Amendment1384 Words   |  6 Pagesthis reason, the agencies and enterprises have been called into question of infringement of the fourth. Using the lessons learned from history, the framers of the constitutions created the fourth amendment, which protects from unreasonable searches, and the fifth amendment, which prevents a person from incriminating himself or herself, to create a government with just laws, but with the advancement in technology, the fourth amendment needs to expand its policies to fit the changes in modern societyRead MoreName Of The Case: Katz V. The United States. 389 Us 3471203 Words   |  5 Pagesarguing that the recordings violated his fourth amendment right to which the Court of Appeals rejected this point, noting the absence of a physical intrusion into the phone booth itself. The Court granted certiorari. Issue: Does the Fourth Amendment protection against unreasonable searches and seizures require the police to obtain a search warrant in order to wiretap a public pay phone? Holding: Although the Court ruled that Katz was entitled to Fourth Amendment protection for his conversations andRead MoreU.s. Supreme Court And The Fourth Amendment1564 Words   |  7 PagesThe U.S. Supreme Court and the Fourth Amendment Since the founding of the American Democracy, partisanship has always been a major problem when it comes to political aspects of the law. The Constitution was designed to implement laws into our country that would make our governing body run smoother with fewer conflicts. However, when dealing with Democracy based on the â€Å"people’s word† it is hard to avoid such conflicts. Since each citizen in our country has the right to freedom of speech and thoughtRead MoreApplication Of The Gps Monitoring Program1488 Words   |  6 Pagesindividual found to be a recidivist sex offender must be ordered to partake in the sex offender monitoring system. Grady raised objections to the program arguing because of the unreasonable searches the structure of the program allows that his Fourth Amendment rights would be violated. The purpose of the GPS monitoring program enforced by the Division of Adult Correction is to manage the risk assessment of individuals who enter into public society after having been imprisoned. As participants in theRead MoreImagine You Are On A Family Road Trip You Drive Through1403 Words   |  6 Pagesyou are on a family road trip; you drive through a red light. Next thing you know you re getting pulled over and the officer orders you and your family to get out of the car. Either the officer wants to search your vehicle or arrest you. Is the question this legal or illegal for the officer to do? I believe that search and seizure are ethical because it protects citizens from an unlawful entry and provides protection for law enforcement in case a person is dangerous or to provide evidence to useRead MoreMapp V. Ohio ( 1961 )1619 Words   |  7 Pagesthe Fourth Amendment, which protects against unreasonable searches and seizures,† which cannot be used in the law on the stat e level or in criminal prosecutions in state courts, and in addition, federal criminal law prosecutions in federal courts (MAPP v. OHIO. They Oyez Project at IIT Chicago-Kent College of Law.) The Supreme Court successfully completed this by use of selective incorporation. In Mapp the association was within the incorporation of the provisions, of the Fourth Amendment whichRead MoreLaw Enforcement s Use Of Illegal Search Warrants1009 Words   |  5 PagesLaw Enforcement’s use of illegal search warrants in violation of the fourth amendment rights. This is the case of Jones v. United States (2012). Antoine Jones owned a nightclub in the District of Columbia. In 2004, a joint Federal Bureau of Investigation (FBI) and Metropolitan Police Department task force began investigating Jones for narcotics violations. During the course of the investigation, a Global Positioning System (GPS) device was installed on Jones s Jeep Grand Cherokee, without a valid