Fourth Amendment Protections And Denials - 1299 Words

Assignment 5: Fourth Amendment Protections and Denials Privacy is very important to some citizens, especially privacy in regards to personal and family matters. No one wants someone following and observing their every move, they also do not always enjoy the outside input of people who do not know their whole situations. The Fourth Amendment in the Constitution â€Å"protects people from unreasonable searches and seizures by the government† (What Does the Fourth Amendment Mean?). This has provided citizens with a way to protect their privacy and prohibits the government and law officials from search through one’s personal and private belongings without having a cause to do so. The amendment â€Å"is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law† (What Does the Fourth Amendment Mean?). Those who are not participating in illegal activities and have given no reason for their property to be searched are pr otected by this amendment. However, those who have provided law enforcement with a reason to search their property should be presented with a warrant justifying the search and seizure. The next topic that needs to be clarified is what can be classified as an unreasonable search, including both searches with and without a warrant. GPS Surveillance on a suspect’s vehicle is unreasonable without a warrant, but with a warrant it is reasonable. Since warrants have â€Å"to be based on ‘probable cause’†, the suspect being surveilledShow MoreRelatedCJA 484 Criminal Law Foundations Evaluation1424 Words   |  6 Pagesthe Bill of Rights, and the US Constitution lay the floor work of a layer of protection afforded to all United States Citizens. Each of the doctrines provides a step towards the written words that have granted many men and women protection from persecution as well as freedoms not received in other parts of the world. The last piece of the three hist orical documents, the US Constitution is comprised of a set of amendments, which have been written to protect several different rights that as a citizenRead MoreCase Analysis : Petitioner Dennys Rodriguez986 Words   |  4 Pagessniff.† The Magistrate Judge did not find any reasonable suspicion for the extension but recommended denial of the motion because the extension â€Å"was only a de minimis intrusion on Rodriguez’s Fourth Amendment rights and was therefore permissible. The District Court denied the motion, based on the Magistrate Judge’s finding. Rodriguez entered a conditional guilty plea and appealed the denial of his motion to suppress to the Court of Appeals for the Eighth Circuit. The Eighth Circuit affirmed theRead MoreThe Trial No Search Warrant1049 Words   |  5 Pagesâ€Å"right to privacy† Issues: Is evidence obtained in violation of the fourth amendment, prohibiting â€Å"unreasonable searches and seizures† admissible as evidence in criminal procedures? Decision: Reversed. Evidence obtained through illegal searches and seizures are not admissible in a criminal prosecution. Reasoning: Justice Tom Clark delivered the majority opinion to the Court. He concluded that evidence obtained involved a â€Å"denial of constitutional rights of the accused† (Mapp vs Ohio). SpecificallyRead MoreThe Constitutional Theory Of The Constitution1735 Words   |  7 Pagesbranches in order to ensure that one did not become more powerful than the other. But despite the separation of powers, the Anti-Federalists were still wary of the federal government having too much power. There were only a few individual rights protections included in the original writing of the Constitution; whether it was out of fear that providing a list of protected rights might end up being incomplete and later interpreted to deny not listed rights, or because they had believed that they wereRead MoreEnsuring Freedom Essay901 Words   |  4 PagesDocument (Douglass 33). Douglass goes further in depth about his interpretation of the constitution and from this, one can assume his belief that the government should have enforced the equality declared in the constitution before the thirteenth amendment had passed. Furthermore, this quote magnifies the fact that the constitution advocates freedom for all, and therefore puts emphasis on how the government had not enforced what it had truly set out to do. The complete disregard of African slaves inRead MoreThe Constitution Of The United States1552 Words   |  7 Pagescountry for over 200 years. The Bill of Rights, also known has the first Ten Amendments of the Constitution, has protected the unalienable rights of citizens in the United State. Selective incorporation was used in order to nationalize the Bill of Rights and protect the immunities, rights, and privileges of all United States citizens within the states. The success of Selective Incorporation, along with the 14th Amendment, ensured that states could not put in place any laws that took away the constitutionalRead MoreCivil Rights Vs. Civil Liberties1259 Words   |  6 PagesKirk PAGE 5 Payton Kirk Professor Sherry Sharifian GOVT-2305-71430 24 September 2017 Assignment One: 1 Civil Rights Vs. Civil Liberties As a citizen of the United States, one is granted many protections under law. 2 These protections consist of Civil Rights and Civil Liberties. Varying based on the person, these rights are very valuable and ensure that an individual free of harm for certain situations. Civil Rights and Civil Liberties have evolved over the years as our country continues to furtherRead MoreThere Are Clear Violations Of The Shiner s Rights1722 Words   |  7 PagesFourteenth Amendment (Lash, 2014). Despite the fact that the Shiners wanted to live by their own governed laws and practice their own religion, they are still United States Citizens (Wellman, 2014). According to the Fourteenth Amendment, any individual that was born or naturalized in the United States, are citizens of the United States and whichever State they reside in (Lash, 2014). In this case, prior to their move to the island, the Shiners resided in the state of Florida. This amendment ensuresRead More The Legal Rule Of The Court Essay1585 Words   |  7 PagesOver the years, rules have been established by Supreme Court Cases in the interest of the defendants, for the protection of their Constitutional Rights and to make sure they have received a fair trial. These rules are created on a case by case situation in which certain situations arise and problems surface with the judicial system and the way that it is acting. One could not predict every problem that will arise in the court room, but all that can be done is to address the situations as they comeRead More Black struggle for equality Essay1534 Words   |  7 Pagesto the 14th amendment in the Brown vs. Board case, the organizing of minority groups who set out to fight the battle of inequality, numerous cases regarding the separate but equal laws, and Chief Justices theory on the issue of segregation in the public school system. The first of these arguments which Brown pointed out was a reference to the Fourteenth Amendment, which was added to the US constitution after the Civil War. In the first section of the fourteenth amendment is clearly stated