The Fourth Amendment Act Of The United States - 1378 Words

Introduction: The Fourth Amendment to the U.S. Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. In the landmark cases below, the cases went to court because the defendant accused law enforcement of violating their Fourth Amendment Rights. Under the Constitution the Fourth Amendment protects officers of unreasonable search and seizures. Officials as public schools has the authority to search student’s property. These officials are representatives of the state and they do not need to obtain a warrant to search a student’s property. Officers are also protected under the Fourth Amendment when using a trained drug dog to investigate for evidence outside a person’s home. The following landmark cases had an impact on law enforcement. Case 1: New Jersey v. T.L.O. 469 U.S. 325 (1985) Facts: At a New Jersey High School, a fourteen year old girl and her companions was caught in the bathroom smoking cigarettes by a teacher. The girls were taking to the Principal’s office. In response to the Vice Principal’s questioning, the girls denied that they had been smoking. Upon demanding to see the girl’s purse, he found a pack of cigarettes and then noticed a rolling paper associated with marijuana. After a thorough search, the Vice Principal found some marijuana, a pipe, plastic bags, and other items associated with drug dealing. Delinquent proceedings wereShow MoreRelatedWiretapping And The Fourth Amendment Rights Of Criminals1559 Words   |  7 Pages1928- Olmstead v.United States Supreme court rules federal investigators can wiretap into suspects phones legally, and use those conversations as evidence. Roy Olmstead, a suspected bootlegger, was bugged in the basement of his office, and also in the streets surrounding his home. He was later convicted based on that evidence. An appeal was raised on the grounds that the wiretapped data violated the defendant s Fourth and Fifth Amendment. It was decided that the wiretapped data did not violateRead MoreThe Rights And Civil Liberties1558 Words   |  7 Pageson government power. These rights are known as the Bill of Rights; the first 10 amendments to the United States Constitution. One right in particular I want to discuss is the Fourth Amendment. The Fourth Amendment is known as the right against â€Å"unreasonable search and seizures.† It is the basis of the law with regards to stop-and-frisk, search warrants, wiretaps, and other forms of surveillance. This Amendment states that â€Å"The right of the people to be secure in their persons, houses, papers, andRead MoreSupreme Court Decisions Essay820 Words   |  4 PagesChapte r 4 10/16/2011 The Fourth Amendment to the U.S. Constitution states â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Fourth Amendment). The text of the Fourth Amendment does not define exactly what â€Å"unreasonableRead MoreThe Legal Definition Of The Fourth Amendment1043 Words   |  5 Pagesthe professor elaborates on the steps used when determining the legality of the Fourth Amendment. The six steps of the broad Fourth Amendment template include: who does the Amendment apply to, has there been a search or seizure/seizure, is there probable cause, did law enforcement need to get a warrant, is the search conducted by law enforcement reasonable, and what happens if there is a violation of the Fourth Amen dment (lecture 3 - https://www.youtube.com/watch?v=B3rXXu9_QxA). Additionally, the factorsRead MoreAn Analysis of the Fourth Amendment1074 Words   |  4 Pagesï » ¿The constitution of the United States was enacted in the late 1700s at the wake of the Revolutionary War. The first laws of the United States Constitution were called the Bill of Rights and included the laws by which men were supposed to live by. In particular, the fourth amendment on Search and Seizure was enacted in order to protect the rights that the citizens of the newly freed colonies were denied of while until British occupation (gpo.gov). Prior to the colonies victory over Great BritainRead MoreThe Impact Of Technological Surveillance On Human Surveillance1549 Words   |  7 Pagesv. Unites States (1967) determines a person’s reasonable expectation of privacy as well as the definition of what a search and what a seizure? Another issue that arises with advances in technological surveillance is the need f or warrant. Specifically, is when a warrant is needed and what makes it legitimate? In recent years there has been a way for the federal government to get around this through a ruling passed quickly after certain unforeseen events. This is known as the patriot act. The patriotRead MorePeople are protected from having anybody search their home and/or take their property, which600 Words   |  3 Pagesgovernment that states that they have the right to search your home and possibly, sieze your property. The United States government has violated the fourth amendment by commiting the act of creating the National Security Agency, a government-funded program. The National Security Agency collects information from billions of people across the globe. The information that they collect includes but is not limited to phone calls, e-mails, text messages, and even personal information. This act violates theRead Morevirginia v morre Essay1248 Words   |  5 Pageswhich chubbs was driving. During the search of the vehicle the officers found 16 grams of crack cocaine and $516 in cash. The state law of Virginia states that the officers should have offered Moore a summons rather than arresting him. The statutes of the Fourth Amendment give the officers the right to search if they believe a crime was committed in their presence. The act of driving on a suspended license is not an offense you can be arrested for unlike other misdemeanors. Moore was charged withRead MoreThe Patriot Act : The Violation Of The Right Of People920 Words   |  4 PagesWithin weeks after September 11, 2001, the Patriot Act was passed in order to unify the nation and to deter future terrorist acts. Although the act was created with upright intentions to prevent future tragedies similar to that of September 11, its provisions clearly violate the United States Constitution, especially the Fourth, Fifth, and Sixth Amendments. The Patriot Act is a clear infringement of the right of people to not be searched and seized. Roving Wiretaps, Section 206, allows the governmentRead MoreThe Court Of Appeals Of Maryland1293 Words   |  6 PagesI: Case The Court of Appeals of Maryland Number 69 September Term, 2012. Glenn Joseph Raynor v. State of Maryland. Case number 12-K-08-001527. Argued: April 8, 2014. Decided: August 27, 2014 II. Case Summary This appeal evolved out of a 2006 rape case that occurred in Harford county Maryland. More than two years after the incident the victim identified Glenn Joseph Raynor, hereby known as petitioner, as a possible suspect. After departing a voluntary police interview in which petitioner ultimately