SlideShare a Scribd company logo
1 of 5
Download to read offline
Essay On 4th Amendment
Search and Seizure 4th Amendment Bang Bang "Police open up." You head over to the door and open it up, the police rush in and start searching your
house. They start to go through your kitchen and open up all your doors. The police can't do that because of the 4th amendment, the 4th amendment is
about search and seizures. The meaning and purpose of the 4th amendment has left an enduring impact on the U.S economy.
Why The 4th Amendment is Important To The People The 4th amendment is a very important amendment to the U.S constitution. According to
kids.laws.com "If the government or any law enforcement official wants to take something of yours,he or she must have a very good reason to do that
and must get permission to perform the search from...show more content...
They cuffed him and put him in a squad car, they tried kicking down his door, a police officer came to him and requested his keys that he had on his
belt loop. After the second time of asking him for his keys the officer said that he could search without a warrant and took his keys. The officers
entered his house without his consent or a warrant, As they were searching his house the officers found two medium sized gun safes. The
dispatcher had told them about how many firearms were legally owned by the owner. They used the owner's keys to open the safes and they found
8 guns, one of the guns was a m14 with certain modifications, one of the officers said he want this exact gun. After a few minutes of searching the
rest of the house and unloading every firearm found they took them and kept the firearms for "safekeeping." To this day the owner of the property
still hasn't gotten back all his firearms he got back 10 of them he is still missing 4 including the one the officers said that he wanted for his own. All
the officers who were there on scene haven't been charged with anything for violating the owner's 4th amendment right. The writer of this story said
"Bear in mind: The man has done nothing illegal at all. All of the weapons that they seized were legally registered. And they were executing an
Get more content on HelpWriting.net
Fourth Amendment Essay
Fourth Amendment
Ashley J. Peterson
Constitutional Law
Steve Areges
Kaplan University
1/13/2010
Fourth Amendment
The Fourth Amendment is important not only to the citizens but for our law enforcement as well. The Fourth Amendment is still evolving today, as
common and statutory laws change so does our Fourth Amendment. This amendment has come a long way and will continue to serve us in our best
interests for as long as we live, whether we agree of disagree.
"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...show more content...
If someone is hanging around a well known crime area then just about everyone there is going to receive some sort of attention and the police officers
will probably keep an eye on them to see if they are up to something. Police officers go off what they see and hear there isn't any other way to put that.
(Harr, & Hess, pp. 181, 2008).
Once someone reaches a level of reasonable suspicion, police officers are allowed to stop and frisk the suspects. If they are still thought to be
participating in illegal activity it becomes probable cause and then the suspect will be arrested and interrogated. Due to Miranda rights people have the
opportunity to speak with an attorney before being questioned and may also have one present while being questioned.
In some cases, such as murder there are some people that have been wrongfully accused. Due to wrongful practices, people have been convicted of
circumstantial evidence. ``DNA is a very powerful tool . . . but it is circumstantial evidence like other pieces of circumstantial evidence and a proper
investigation still has to take place,'' she said. (Matthew, n.d.).
Circumstantial evidence is probably one of the biggest ethical concerns when people are being convicted of crimes. Circumstantial evidence is:
"Evidence not bearing directly on the fact in dispute but on various attendant circumstances from which the judge or jury might infer the occurrence of
the fact in dispute". (Dictionay.com, 2010). Many
Get more content on HelpWriting.net
Fourth Amendment Essay
The Fourth Amendment of the Constitution holds grave importance for the citizens of the United States of America. This amendment of the
Constitution is exceptionally important due to the fact, that it protects citizens from unreasonable searches or seizures. However, the phrase,
"reasonable expectation of privacy" is a different aspect that is pertinent to the evolution of the Fourth Amendment, and Riley v. California. To dissect
this phrase, reasonable is the important aspect here, this is where the court must decide what is and what is not reasonable, in relation to the Fourth
Amendment. Privacy, on the other hand, seems to be defined inadequately. (Baude & Stern, 2016). Within this, importance comes from the actual
warrant requirement...show more content...
So, the drastically important question is, do officers have the right to search the data components of an arrested individual's cellular device without a
warrant? Second, can this warrantless information be used in court to find the defendant guilty of a crime (David Leon Riley, v. CALIFORNIA,
UNITED STATES, v. BRIMA WURIE, 2014)? The extent of this problem is exhibiting startling cases involving similar issues. According to a Boston
Law Review, this is certainly not the first case to be presented to the Court that questions the integrity of searches and seizures of cellular devices.
Warrantless searches have actually been legal under the Fourth Amendment for roughly sixty years. While this may sound astonishing, smartphones
were not around for most of this time–frame. In 2013, United States v. Wurie was a case that preceded Riley v. California with its own unique set of
factors, while still remaining prevalent to the issue at hand. Within the case of United States v. Wurie, a cellular device was searched upon arrest,
which sounds oddly comparable to the case presented. So, in this case, the court held that even though there was a legal search and arrest, this did not
warrant a seizure of the Wurie's cellular device. This was considered to be invasive, and negated an individual's expectation of privacy (O'Connor,
2013). However, the extent of the problem does not just end at the seizure of the cellular device, and
Get more content on HelpWriting.net
The Fourth Amendment Essay
Article VI 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." –U.S. Constitutional Amendments Preface I choose the fourth amendment for two reasons: – It recognizes a
right that, inevitably, cannot be taken away from a person. – It was not written out of spite, but out of experience. I personally feel like this is an issue
that, had there not been a provision in the Constitution, would have created some serious issues with the colonists. The Fourth Amendment...show more
content...
This case made people think about reasoning for entering one's home. There were certain "guidelines" drawn up such as murder in self–defense and the
allowance of a Sheriff to enter if the door is already open). Entick v. Carrington One of the most famous cases that influenced the Fourth
Amendment was that of Entick v. Carrington. This was only one of many civil cases against officials who raided people's homes and other places
in search of materials connected with John Wilkes' political pamphlets that attack both the government and the King. Mr. Entick, who was an
associate of John Wilkes, sued because agents had entered his house forcefully and broken into desks and boxes that were locked. They then seized
pamphlets, charts, and other printed materials. The courts decided the warrant gave the officials the right to search and seizure and the ability to
issue a warrant for all a person's papers rather than only those accused of being criminal ''contrary to the genius of the law of England.'' The warrant
was said to be invalid because it had no probable cause and no record was made of what had been seized. The Supreme Court has said this case is a
guide to understanding what the Framers meant when writing the Fourth Amendment. Putting the Amendment to Use The reasoning for such an
amendment was obvious. What the amendment really expresses are the rights to officials and people alike. An official
Get more content on HelpWriting.net

More Related Content

Recently uploaded

Introduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher EducationIntroduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher Educationpboyjonauth
 
Introduction to AI in Higher Education_draft.pptx
Introduction to AI in Higher Education_draft.pptxIntroduction to AI in Higher Education_draft.pptx
Introduction to AI in Higher Education_draft.pptxpboyjonauth
 
BASLIQ CURRENT LOOKBOOK LOOKBOOK(1) (1).pdf
BASLIQ CURRENT LOOKBOOK  LOOKBOOK(1) (1).pdfBASLIQ CURRENT LOOKBOOK  LOOKBOOK(1) (1).pdf
BASLIQ CURRENT LOOKBOOK LOOKBOOK(1) (1).pdfSoniaTolstoy
 
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPTECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPTiammrhaywood
 
CARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptxCARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptxGaneshChakor2
 
mini mental status format.docx
mini    mental       status     format.docxmini    mental       status     format.docx
mini mental status format.docxPoojaSen20
 
Science 7 - LAND and SEA BREEZE and its Characteristics
Science 7 - LAND and SEA BREEZE and its CharacteristicsScience 7 - LAND and SEA BREEZE and its Characteristics
Science 7 - LAND and SEA BREEZE and its CharacteristicsKarinaGenton
 
microwave assisted reaction. General introduction
microwave assisted reaction. General introductionmicrowave assisted reaction. General introduction
microwave assisted reaction. General introductionMaksud Ahmed
 
Hybridoma Technology ( Production , Purification , and Application )
Hybridoma Technology  ( Production , Purification , and Application  ) Hybridoma Technology  ( Production , Purification , and Application  )
Hybridoma Technology ( Production , Purification , and Application ) Sakshi Ghasle
 
The basics of sentences session 2pptx copy.pptx
The basics of sentences session 2pptx copy.pptxThe basics of sentences session 2pptx copy.pptx
The basics of sentences session 2pptx copy.pptxheathfieldcps1
 
Mastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory InspectionMastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory InspectionSafetyChain Software
 
Employee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptxEmployee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptxNirmalaLoungPoorunde1
 
Call Girls in Dwarka Mor Delhi Contact Us 9654467111
Call Girls in Dwarka Mor Delhi Contact Us 9654467111Call Girls in Dwarka Mor Delhi Contact Us 9654467111
Call Girls in Dwarka Mor Delhi Contact Us 9654467111Sapana Sha
 
Organic Name Reactions for the students and aspirants of Chemistry12th.pptx
Organic Name Reactions  for the students and aspirants of Chemistry12th.pptxOrganic Name Reactions  for the students and aspirants of Chemistry12th.pptx
Organic Name Reactions for the students and aspirants of Chemistry12th.pptxVS Mahajan Coaching Centre
 
Paris 2024 Olympic Geographies - an activity
Paris 2024 Olympic Geographies - an activityParis 2024 Olympic Geographies - an activity
Paris 2024 Olympic Geographies - an activityGeoBlogs
 

Recently uploaded (20)

Introduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher EducationIntroduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher Education
 
Introduction to AI in Higher Education_draft.pptx
Introduction to AI in Higher Education_draft.pptxIntroduction to AI in Higher Education_draft.pptx
Introduction to AI in Higher Education_draft.pptx
 
BASLIQ CURRENT LOOKBOOK LOOKBOOK(1) (1).pdf
BASLIQ CURRENT LOOKBOOK  LOOKBOOK(1) (1).pdfBASLIQ CURRENT LOOKBOOK  LOOKBOOK(1) (1).pdf
BASLIQ CURRENT LOOKBOOK LOOKBOOK(1) (1).pdf
 
9953330565 Low Rate Call Girls In Rohini Delhi NCR
9953330565 Low Rate Call Girls In Rohini  Delhi NCR9953330565 Low Rate Call Girls In Rohini  Delhi NCR
9953330565 Low Rate Call Girls In Rohini Delhi NCR
 
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPTECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
ECONOMIC CONTEXT - LONG FORM TV DRAMA - PPT
 
CARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptxCARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptx
 
TataKelola dan KamSiber Kecerdasan Buatan v022.pdf
TataKelola dan KamSiber Kecerdasan Buatan v022.pdfTataKelola dan KamSiber Kecerdasan Buatan v022.pdf
TataKelola dan KamSiber Kecerdasan Buatan v022.pdf
 
mini mental status format.docx
mini    mental       status     format.docxmini    mental       status     format.docx
mini mental status format.docx
 
CĂłdigo Creativo y Arte de Software | Unidad 1
CĂłdigo Creativo y Arte de Software | Unidad 1CĂłdigo Creativo y Arte de Software | Unidad 1
CĂłdigo Creativo y Arte de Software | Unidad 1
 
Science 7 - LAND and SEA BREEZE and its Characteristics
Science 7 - LAND and SEA BREEZE and its CharacteristicsScience 7 - LAND and SEA BREEZE and its Characteristics
Science 7 - LAND and SEA BREEZE and its Characteristics
 
microwave assisted reaction. General introduction
microwave assisted reaction. General introductionmicrowave assisted reaction. General introduction
microwave assisted reaction. General introduction
 
Hybridoma Technology ( Production , Purification , and Application )
Hybridoma Technology  ( Production , Purification , and Application  ) Hybridoma Technology  ( Production , Purification , and Application  )
Hybridoma Technology ( Production , Purification , and Application )
 
The basics of sentences session 2pptx copy.pptx
The basics of sentences session 2pptx copy.pptxThe basics of sentences session 2pptx copy.pptx
The basics of sentences session 2pptx copy.pptx
 
Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Tilak Nagar Delhi reach out to us at 🔝9953056974🔝
 
Mastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory InspectionMastering the Unannounced Regulatory Inspection
Mastering the Unannounced Regulatory Inspection
 
Employee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptxEmployee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptx
 
Model Call Girl in Bikash Puri Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Bikash Puri  Delhi reach out to us at 🔝9953056974🔝Model Call Girl in Bikash Puri  Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Bikash Puri Delhi reach out to us at 🔝9953056974🔝
 
Call Girls in Dwarka Mor Delhi Contact Us 9654467111
Call Girls in Dwarka Mor Delhi Contact Us 9654467111Call Girls in Dwarka Mor Delhi Contact Us 9654467111
Call Girls in Dwarka Mor Delhi Contact Us 9654467111
 
Organic Name Reactions for the students and aspirants of Chemistry12th.pptx
Organic Name Reactions  for the students and aspirants of Chemistry12th.pptxOrganic Name Reactions  for the students and aspirants of Chemistry12th.pptx
Organic Name Reactions for the students and aspirants of Chemistry12th.pptx
 
Paris 2024 Olympic Geographies - an activity
Paris 2024 Olympic Geographies - an activityParis 2024 Olympic Geographies - an activity
Paris 2024 Olympic Geographies - an activity
 

Featured

2024 State of Marketing Report – by Hubspot
2024 State of Marketing Report – by Hubspot2024 State of Marketing Report – by Hubspot
2024 State of Marketing Report – by HubspotMarius Sescu
 
Everything You Need To Know About ChatGPT
Everything You Need To Know About ChatGPTEverything You Need To Know About ChatGPT
Everything You Need To Know About ChatGPTExpeed Software
 
Product Design Trends in 2024 | Teenage Engineerings
Product Design Trends in 2024 | Teenage EngineeringsProduct Design Trends in 2024 | Teenage Engineerings
Product Design Trends in 2024 | Teenage EngineeringsPixeldarts
 
How Race, Age and Gender Shape Attitudes Towards Mental Health
How Race, Age and Gender Shape Attitudes Towards Mental HealthHow Race, Age and Gender Shape Attitudes Towards Mental Health
How Race, Age and Gender Shape Attitudes Towards Mental HealthThinkNow
 
AI Trends in Creative Operations 2024 by Artwork Flow.pdf
AI Trends in Creative Operations 2024 by Artwork Flow.pdfAI Trends in Creative Operations 2024 by Artwork Flow.pdf
AI Trends in Creative Operations 2024 by Artwork Flow.pdfmarketingartwork
 
PEPSICO Presentation to CAGNY Conference Feb 2024
PEPSICO Presentation to CAGNY Conference Feb 2024PEPSICO Presentation to CAGNY Conference Feb 2024
PEPSICO Presentation to CAGNY Conference Feb 2024Neil Kimberley
 
Content Methodology: A Best Practices Report (Webinar)
Content Methodology: A Best Practices Report (Webinar)Content Methodology: A Best Practices Report (Webinar)
Content Methodology: A Best Practices Report (Webinar)contently
 
How to Prepare For a Successful Job Search for 2024
How to Prepare For a Successful Job Search for 2024How to Prepare For a Successful Job Search for 2024
How to Prepare For a Successful Job Search for 2024Albert Qian
 
Social Media Marketing Trends 2024 // The Global Indie Insights
Social Media Marketing Trends 2024 // The Global Indie InsightsSocial Media Marketing Trends 2024 // The Global Indie Insights
Social Media Marketing Trends 2024 // The Global Indie InsightsKurio // The Social Media Age(ncy)
 
Trends In Paid Search: Navigating The Digital Landscape In 2024
Trends In Paid Search: Navigating The Digital Landscape In 2024Trends In Paid Search: Navigating The Digital Landscape In 2024
Trends In Paid Search: Navigating The Digital Landscape In 2024Search Engine Journal
 
5 Public speaking tips from TED - Visualized summary
5 Public speaking tips from TED - Visualized summary5 Public speaking tips from TED - Visualized summary
5 Public speaking tips from TED - Visualized summarySpeakerHub
 
ChatGPT and the Future of Work - Clark Boyd
ChatGPT and the Future of Work - Clark Boyd ChatGPT and the Future of Work - Clark Boyd
ChatGPT and the Future of Work - Clark Boyd Clark Boyd
 
Getting into the tech field. what next
Getting into the tech field. what next Getting into the tech field. what next
Getting into the tech field. what next Tessa Mero
 
Google's Just Not That Into You: Understanding Core Updates & Search Intent
Google's Just Not That Into You: Understanding Core Updates & Search IntentGoogle's Just Not That Into You: Understanding Core Updates & Search Intent
Google's Just Not That Into You: Understanding Core Updates & Search IntentLily Ray
 
Introduction to Data Science
Introduction to Data ScienceIntroduction to Data Science
Introduction to Data ScienceChristy Abraham Joy
 
Time Management & Productivity - Best Practices
Time Management & Productivity -  Best PracticesTime Management & Productivity -  Best Practices
Time Management & Productivity - Best PracticesVit Horky
 
The six step guide to practical project management
The six step guide to practical project managementThe six step guide to practical project management
The six step guide to practical project managementMindGenius
 
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...RachelPearson36
 

Featured (20)

2024 State of Marketing Report – by Hubspot
2024 State of Marketing Report – by Hubspot2024 State of Marketing Report – by Hubspot
2024 State of Marketing Report – by Hubspot
 
Everything You Need To Know About ChatGPT
Everything You Need To Know About ChatGPTEverything You Need To Know About ChatGPT
Everything You Need To Know About ChatGPT
 
Product Design Trends in 2024 | Teenage Engineerings
Product Design Trends in 2024 | Teenage EngineeringsProduct Design Trends in 2024 | Teenage Engineerings
Product Design Trends in 2024 | Teenage Engineerings
 
How Race, Age and Gender Shape Attitudes Towards Mental Health
How Race, Age and Gender Shape Attitudes Towards Mental HealthHow Race, Age and Gender Shape Attitudes Towards Mental Health
How Race, Age and Gender Shape Attitudes Towards Mental Health
 
AI Trends in Creative Operations 2024 by Artwork Flow.pdf
AI Trends in Creative Operations 2024 by Artwork Flow.pdfAI Trends in Creative Operations 2024 by Artwork Flow.pdf
AI Trends in Creative Operations 2024 by Artwork Flow.pdf
 
Skeleton Culture Code
Skeleton Culture CodeSkeleton Culture Code
Skeleton Culture Code
 
PEPSICO Presentation to CAGNY Conference Feb 2024
PEPSICO Presentation to CAGNY Conference Feb 2024PEPSICO Presentation to CAGNY Conference Feb 2024
PEPSICO Presentation to CAGNY Conference Feb 2024
 
Content Methodology: A Best Practices Report (Webinar)
Content Methodology: A Best Practices Report (Webinar)Content Methodology: A Best Practices Report (Webinar)
Content Methodology: A Best Practices Report (Webinar)
 
How to Prepare For a Successful Job Search for 2024
How to Prepare For a Successful Job Search for 2024How to Prepare For a Successful Job Search for 2024
How to Prepare For a Successful Job Search for 2024
 
Social Media Marketing Trends 2024 // The Global Indie Insights
Social Media Marketing Trends 2024 // The Global Indie InsightsSocial Media Marketing Trends 2024 // The Global Indie Insights
Social Media Marketing Trends 2024 // The Global Indie Insights
 
Trends In Paid Search: Navigating The Digital Landscape In 2024
Trends In Paid Search: Navigating The Digital Landscape In 2024Trends In Paid Search: Navigating The Digital Landscape In 2024
Trends In Paid Search: Navigating The Digital Landscape In 2024
 
5 Public speaking tips from TED - Visualized summary
5 Public speaking tips from TED - Visualized summary5 Public speaking tips from TED - Visualized summary
5 Public speaking tips from TED - Visualized summary
 
ChatGPT and the Future of Work - Clark Boyd
ChatGPT and the Future of Work - Clark Boyd ChatGPT and the Future of Work - Clark Boyd
ChatGPT and the Future of Work - Clark Boyd
 
Getting into the tech field. what next
Getting into the tech field. what next Getting into the tech field. what next
Getting into the tech field. what next
 
Google's Just Not That Into You: Understanding Core Updates & Search Intent
Google's Just Not That Into You: Understanding Core Updates & Search IntentGoogle's Just Not That Into You: Understanding Core Updates & Search Intent
Google's Just Not That Into You: Understanding Core Updates & Search Intent
 
How to have difficult conversations
How to have difficult conversations How to have difficult conversations
How to have difficult conversations
 
Introduction to Data Science
Introduction to Data ScienceIntroduction to Data Science
Introduction to Data Science
 
Time Management & Productivity - Best Practices
Time Management & Productivity -  Best PracticesTime Management & Productivity -  Best Practices
Time Management & Productivity - Best Practices
 
The six step guide to practical project management
The six step guide to practical project managementThe six step guide to practical project management
The six step guide to practical project management
 
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
 

Essay On 4Th Amendment

  • 1. Essay On 4th Amendment Search and Seizure 4th Amendment Bang Bang "Police open up." You head over to the door and open it up, the police rush in and start searching your house. They start to go through your kitchen and open up all your doors. The police can't do that because of the 4th amendment, the 4th amendment is about search and seizures. The meaning and purpose of the 4th amendment has left an enduring impact on the U.S economy. Why The 4th Amendment is Important To The People The 4th amendment is a very important amendment to the U.S constitution. According to kids.laws.com "If the government or any law enforcement official wants to take something of yours,he or she must have a very good reason to do that and must get permission to perform the search from...show more content... They cuffed him and put him in a squad car, they tried kicking down his door, a police officer came to him and requested his keys that he had on his belt loop. After the second time of asking him for his keys the officer said that he could search without a warrant and took his keys. The officers entered his house without his consent or a warrant, As they were searching his house the officers found two medium sized gun safes. The dispatcher had told them about how many firearms were legally owned by the owner. They used the owner's keys to open the safes and they found 8 guns, one of the guns was a m14 with certain modifications, one of the officers said he want this exact gun. After a few minutes of searching the rest of the house and unloading every firearm found they took them and kept the firearms for "safekeeping." To this day the owner of the property still hasn't gotten back all his firearms he got back 10 of them he is still missing 4 including the one the officers said that he wanted for his own. All the officers who were there on scene haven't been charged with anything for violating the owner's 4th amendment right. The writer of this story said "Bear in mind: The man has done nothing illegal at all. All of the weapons that they seized were legally registered. And they were executing an Get more content on HelpWriting.net
  • 2. Fourth Amendment Essay Fourth Amendment Ashley J. Peterson Constitutional Law Steve Areges Kaplan University 1/13/2010 Fourth Amendment The Fourth Amendment is important not only to the citizens but for our law enforcement as well. The Fourth Amendment is still evolving today, as common and statutory laws change so does our Fourth Amendment. This amendment has come a long way and will continue to serve us in our best interests for as long as we live, whether we agree of disagree. "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...show more content... If someone is hanging around a well known crime area then just about everyone there is going to receive some sort of attention and the police officers will probably keep an eye on them to see if they are up to something. Police officers go off what they see and hear there isn't any other way to put that. (Harr, & Hess, pp. 181, 2008). Once someone reaches a level of reasonable suspicion, police officers are allowed to stop and frisk the suspects. If they are still thought to be participating in illegal activity it becomes probable cause and then the suspect will be arrested and interrogated. Due to Miranda rights people have the opportunity to speak with an attorney before being questioned and may also have one present while being questioned. In some cases, such as murder there are some people that have been wrongfully accused. Due to wrongful practices, people have been convicted of circumstantial evidence. ``DNA is a very powerful tool . . . but it is circumstantial evidence like other pieces of circumstantial evidence and a proper investigation still has to take place,'' she said. (Matthew, n.d.). Circumstantial evidence is probably one of the biggest ethical concerns when people are being convicted of crimes. Circumstantial evidence is: "Evidence not bearing directly on the fact in dispute but on various attendant circumstances from which the judge or jury might infer the occurrence of
  • 3. the fact in dispute". (Dictionay.com, 2010). Many Get more content on HelpWriting.net
  • 4. Fourth Amendment Essay The Fourth Amendment of the Constitution holds grave importance for the citizens of the United States of America. This amendment of the Constitution is exceptionally important due to the fact, that it protects citizens from unreasonable searches or seizures. However, the phrase, "reasonable expectation of privacy" is a different aspect that is pertinent to the evolution of the Fourth Amendment, and Riley v. California. To dissect this phrase, reasonable is the important aspect here, this is where the court must decide what is and what is not reasonable, in relation to the Fourth Amendment. Privacy, on the other hand, seems to be defined inadequately. (Baude & Stern, 2016). Within this, importance comes from the actual warrant requirement...show more content... So, the drastically important question is, do officers have the right to search the data components of an arrested individual's cellular device without a warrant? Second, can this warrantless information be used in court to find the defendant guilty of a crime (David Leon Riley, v. CALIFORNIA, UNITED STATES, v. BRIMA WURIE, 2014)? The extent of this problem is exhibiting startling cases involving similar issues. According to a Boston Law Review, this is certainly not the first case to be presented to the Court that questions the integrity of searches and seizures of cellular devices. Warrantless searches have actually been legal under the Fourth Amendment for roughly sixty years. While this may sound astonishing, smartphones were not around for most of this time–frame. In 2013, United States v. Wurie was a case that preceded Riley v. California with its own unique set of factors, while still remaining prevalent to the issue at hand. Within the case of United States v. Wurie, a cellular device was searched upon arrest, which sounds oddly comparable to the case presented. So, in this case, the court held that even though there was a legal search and arrest, this did not warrant a seizure of the Wurie's cellular device. This was considered to be invasive, and negated an individual's expectation of privacy (O'Connor, 2013). However, the extent of the problem does not just end at the seizure of the cellular device, and Get more content on HelpWriting.net
  • 5. The Fourth Amendment Essay Article VI 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." –U.S. Constitutional Amendments Preface I choose the fourth amendment for two reasons: – It recognizes a right that, inevitably, cannot be taken away from a person. – It was not written out of spite, but out of experience. I personally feel like this is an issue that, had there not been a provision in the Constitution, would have created some serious issues with the colonists. The Fourth Amendment...show more content... This case made people think about reasoning for entering one's home. There were certain "guidelines" drawn up such as murder in self–defense and the allowance of a Sheriff to enter if the door is already open). Entick v. Carrington One of the most famous cases that influenced the Fourth Amendment was that of Entick v. Carrington. This was only one of many civil cases against officials who raided people's homes and other places in search of materials connected with John Wilkes' political pamphlets that attack both the government and the King. Mr. Entick, who was an associate of John Wilkes, sued because agents had entered his house forcefully and broken into desks and boxes that were locked. They then seized pamphlets, charts, and other printed materials. The courts decided the warrant gave the officials the right to search and seizure and the ability to issue a warrant for all a person's papers rather than only those accused of being criminal ''contrary to the genius of the law of England.'' The warrant was said to be invalid because it had no probable cause and no record was made of what had been seized. The Supreme Court has said this case is a guide to understanding what the Framers meant when writing the Fourth Amendment. Putting the Amendment to Use The reasoning for such an amendment was obvious. What the amendment really expresses are the rights to officials and people alike. An official Get more content on HelpWriting.net