Fourth Amendment Framework

Fourth Amendment Framework
Overview Reading five of the text, Privacy, and Law Enforcement, and National Security covers: 1)
The Intelligence Community, 2) The Fourth Amendment Framework (Keith vs. U.S.), and 3) The
Foreign Intelligence Gathering. We gain further understanding of intelligence agencies and their
functions, the Fourth Amendments application to domestic and overseas cases, and the Foreign
Intelligence Service Act.
The Intelligence Community The author poses a question: "Should the law treat investigations
involving national security differently than other criminal inquiries?" (Solove, 2015, p. 155). The
text cites both aspects of this question, saying the Fourth Amendment and ECPA apply differently
between domestic and foreign cases. One view pertains ... Show more content on Helpwriting.net ...
3) Citizens' political beliefs exposed them to additional observation.
4) COINTELPRO, an F.B.I. Created program to control dissidents around the country because the
Federal Bureau of Investigation thought the current law was ineffective.
Senator Church's summary of the committee findings states: "There has been, in short, a clear and
sustained failure by those responsible for controlling the intelligence community, and to ensure its
accountability.", (Fourth Amendment Framework, 2015, p. 164). This chapter discusses the Fourth
Amendment and the Foreign Intelligence Services. The reading says that Keith vs. United States
District Court did not cover this, as the case occurred domestically, leaving wide open what
government authorities can do with foreign cases. Two cases listed in the section speak of Fourth
Amendment and foreign surveillance. In U.S. vs. Butenko, (1974), the Court found that: "foreign
intelligence gathering is clandestine and a highly–structured activity", (National Security, 2015, p.
165). The court judgment in U.S. vs. Hung, (1980), similarly reasoned that the warrant needed in
U.S. vs. Keith runs a chance of annoying the President in carrying out his foreign affairs
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The Fourth Amendment
Title United States Government 2017–2018 Fourth Amendment Critical Analysis Paper #2 De'Andre
Patton Ivory Johnson November 17, 2017 Introduction The Fourth Amendment is one of the
Constitution of the United States. The Fourth Amendment was amended in 1791 to the Constitution
of our country, it is part of the Bill of Rights, that have forbidden unreasonable searches and seizures
of individuals and property ( https://legal–dictionary.thefreedictionary.com). The Fourth Amendment
Constitution of the laws, where the right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not violate, and no Warrant shall issue,
but upon probable cause, supported by the Oath or affirmation, and particularly describing their
place to be searched, and the persons and things to be seized (http://legal–
dictionary.thefreedictionary.com). The Fourth Amendment was introduced in 1789, it struck at the
heart of a matter central to the early American that had the experience of the principle was within
reason to tell every man's house is his castle and the citizen may fall into their category of the
criminally accused to provide with protection according to the laws(
http://www.britannica.com/topic/Fourth–Amendment) . The United States Constitutional law of the
Fourth Amendment is the foundation of criminal law jurisprudence, articulating both right of
persons to the responsibilities of a law enforcement

The Fourth Amendment And Fifth Amendment
The three amendments that are used to protect the rights of those accused of a crime include, the
Fourth, Fifth, and Sixth Amendment. The Fourth Amendment protects the right of people to be
secure in their persons, papers, and effects, against unreasonable searches and seizures. (Peak, 2015,
p.181). The Fifth Amendment protects the accused against self–incrimination, double jeopardy, and
life, liberty, and property. Meaning no person will be forced to be a witness against themselves, they
cannot be tried for the same offense twice, and their right to life, liberty, and property are protected
under the law. (Peak, 2015, p.193). The Sixth Amendment is the right to counsel. Any person who is
accused of a crime has the right to counsel for their defense, a speedy and public trial by an
impartial jury, to be informed of the nature of their crime which also includes Miranda rights, and to
be confronted with the witness against him/her while also having witnesses of their own. (Peak,
2015, p.195). These three Amendments in summary mean to me, that any person who is accused of a
crime is innocent until proven guilty and their rights are just as important as anyone else. They have
the natural born right to have their rights as citizens protected under the law, and ensure fair
treatment from law enforcement officers. In 1993, the Supreme Court ruled a decision on the court
case, Minnesota v. Dickerson. This court case is a following case of the original Terry v. Ohio in
1968, the

Examination Of The Fourth Amendment
Examination of the Fourth Amendment The fundamental purpose of the Fourth Amendment in the
United States Constitution is to protect every citizen's right from unreasonable searches and
seizures. The Bill of Rights composed of the first 10 amendments states the limits of governmental
authority. For instance, the First Amendment guarantees individuals' natural rights such as freedom
of speech, religion, and press. In addition, the Fourth Amendment restricts government intrusions
into personal privacy and property. Both the Bill of Rights and the Fourth Amendment emerged
from several English political documents such as the Magna Carta, the Petition of Right, and the
English Bill of Rights ("Bill of Rights – Bill of Rights Institute"). Among these documents, the
Magna Carta particularly had a major influence on the establishment of the Fourth Amendment.
Although the majority of the laws addressed in the document are no longer valid in today's
democratic system, the Magna Carta was the first written document to guarantee citizens' rights
(Sen). Prior to the American Revolution, the American colonies were not protected from
unreasonable infringement. For instance, the British colonists enforced tax measures by general
searches, which constituted an unacceptable intrusion (Levy). Although Writs of Assistance were
issued by King George to investigate evidence of smuggling by the colonists, they allowed the
British agents to enter and search anyone's property without a specific

Technology And The Fourth Amendment
Technology and the Fourth Amendment Since its inception, the protections provided by the Fourth
Amendment to the Constitution have been expanding and evolving because of new technology. The
Fourth Amendment generally protects us all from "unreasonable searches and seizures" by the
government (Fourth Amendment Search and Seizure, n.d., p. 1199). Court cases such as Katz v.
United States and Riley v. California highlight how new technology can lead to decisions by the
Supreme Court of the United States that alter the protections provided by this amendment (Hall,
2015). In 1968, the Supreme Court decision in Katz v. United States fundamentally changed the
measure used to judge whether a Fourth Amendment violation occurs due to new technology being
utilized by law enforcement. The 2014 Supreme Court decision in the case of Riley v. California is a
more relatable case, since it involves technology that the vast majority of us use everyday (Savage,
2014). This case changed the way law enforcement is able to legally search the cellphone of an
arrestee, by strengthening the arrestee's right to privacy under the Fourth Amendment.
Katz v. United States
Prior to the year 1967, the Fourth Amendment protected "areas" and relied on physical intrusion to
define something as a search (Hall, 2015). The case of Katz v. United States came out of California.
Katz was using a public, phone booth to place bets in Miami, Florida and Boston, Massachusetts.
The Federal Bureau of Investigation (FBI)

The Fourth Amendment : The Second Amendment
The Fourth Amendment Noah Fleck November 30, 2015 My paper is going to be focused on the
Fourth Amendment, which sets the baseline for searches and seizures. I will present what the Fourth
Amendment is, what the rights of the individual are as stated in the Fourth Amendment, what
limitations may be held within the Fourth Amendment, what must be included within the warrant,
and more. I decided to write on this topic as I believe that it is important for us as citizens to know
what our rights are, and not just rely on what we think we know about the Constitution. A country
which is educated about the rights which they have, and utilizes these rights in the correct instances
is a country which is governed by laws, and ... Show more content on Helpwriting.net ...
I have heard many people complaining and saying that the actions of the government exceeded the
parameters of the Fourth Amendment. Whether or not this is true, most of the people whom I have
talked to regarding these issues are unable to state what the Fourth Amendment actually says or
protects against. The Fourth Amendment ensures that "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 (Cornell
University Law School, No Date)." This amendment ensures a number of things right from the
beginning. The ability of citizens to be secure in their own homes, to have their papers or
confidential documents to be secure, and the ability to refuse a search of one's person are all
important pieces to this amendment. The first portion of this amendment states that all citizens have
the ability to be secure in their persons. So what does this mean? According to the Merriam–Webster
online dictionary, the word person in this context is meant to include "the body or clothing of a
person especially when considered as a place to hide things (Merriam–Webster, 2015)." This would
include things such pockets, socks, shoes, and anywhere something may be able to

The Fourth Amendment And The 4th Amendment
A persons property is often what they take pride in, which makes it easy to see why the saying "a
mans home is his castle" is so popular and widely understood. So when the gates of their castle get
knocked down and their treasures taken; the king of the castle is left with nothing to hold as his own.
Americans right to be secure is the moat surrounding their castle, it guarantees Americans protection
against unreasonable search and seizure. The right to be secure is guaranteed in the 4th amendment
of the Bill of Rights, which is a section of the U.S. Constitution listing a citizens guaranteed rights.
The U.S. Constitution was written in 1787 but lacked the support required to be ratified; as it needed
support from 9 of the 13 states prior to its ratification. The constitution received the backing of its
9th state after adding the Bill of Rights to the Constitution. The addition of a Bill of Rights was
required for the support of many states as one of the largest concerns the states had with the
Constitution was that the Government would have too much power and control over citizens. So the
addition of a Bill or Rights stating what the Government may or may not do as well as guaranteeing
the freedoms and rights of citizens helped end the states concerns. The support after the addition of
the Bill of Rights led to the Constitutions ratification on March 4th, 1789. As stated by the Legal
Information Institute; the Fourth Amendment guarantees "[t]he right of the people to be

The 4th Amendment And The Fourth Amendment
The US Constitution is a living document. The founding fathers intended on keeping the
Constitution updated and current for all future generations to live by. Within the US Constitution,
Congress passed the Fourth Amendment in 1789 to protect people from unreasonable search and
seizure by the government. In the 21st century, the use of computer and mobile devices has
expanded at an exponential rate and has left many grey areas. The purpose of this paper is to explore
the Fourth Amendment as it pertains to data encryption on mobile devices, and to discuss whether
the government has the constitutional or legal right to compel a company to produce a method of
defeating the encryption. This research found that currently there is no conclusion to this
constitutionally sensitive topic of data encryption and the Fourth Amendment. The United States
government does not have any safeguards in place for a backdoor to encryption; and therefore there
is no due process to govern the use of such a tool or the handling of the retrieved information.
Unfortunately, through this research many examples have come to light that shows that the United
States government has recurrently impinged on citizens' privacy during operations, even though it is
obligated to protect said privacy. This inconsistency has created a level of animosity between the
government and the citizens. This research recommends the creation and ratification of encryption
laws that would lay out the boundaries and rules of

Questions On The Fourth Amendment
1) 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 correct reason that was obligated by the government people. Private individuals are
violated from this amendment. A seizure happens the owner must has a right documents with him on
his own property, if not the documents is seized and the person gets arrested. Sometimes the
property belongs to other possessor but in mistake reasonable person gets involved in the task. The
banning of unreasonable searches can violate many things to be happen. If a person is produced to
court without a proper reason the judge cannot accept it, because it requires a perfect condition. A
man initiates a case over the other it must be very strong and has legitimacy exception privacy in it.
Legitimate Expectation has two tests for privacy namely Subjective and Objective. In Subjective
plaintiff expects more privacy very honestly, where as Objective refers to the same and similar
privacy but in certain conditions only. The Exclusionary Rule: This rule holds that if police violates
your constitutional rights in

The Fourth Amendment And The Second Amendment
The Fourth Amendment was passed by Congress on September 25, 1789. However, it was ratified
on December 15, 1791. The Fourth Amendment is part of the first 10 Amendments which form the
Bill of Rights. The Fourth Amendment is made to protect people from unlawful searches and
seizures. This means that the police can 't search a person's house without a warrant or probable
cause. The founders of the Fourth amendment believed that freedom from government intrusion into
one's home is a natural right and fundamental to liberty. The idea of this is to protected citizens from
unreasonable searches and seizures. However,the Fourth Amendment has been debated for the last
several years, as police and intelligence agencies in the United States have ... Show more content on
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Weeks ' argument was that the 4th Amendment is meaningless unless it provides some real
protection. Stating that people are safe from unreasonable searches and seizures has little value
unless it is clear that evidence from such searches cannot be used in federal court. He also added
that federal officials should not be able to break the law in order to enforce the law. The United
States' argument against Weeks' prosecution proceeded logically; an arrest was made in connection
with a search, and further searches produced further evidence of wrongdoing. At all times the
officers were acting upon a growing body of evidence which suggested Weeks 's involvement in
illegal activity. Weeks was guilty; he was in possession of evidence which was incriminating, and he
should be punished. This case has had an effect on society because it shows how the rights of an
individual were considered less important than the administration of justice. This case marked a
turning point in the Supreme Court 's thinking. With the introduction of the exclusionary rule, the
Court devised a way of enforcing the Fourth Amendment. Since evidence seized unlawfully could
no longer be used in federal court against a defendant, a prosecutor might lose or drop a case for
lack of evidence. Having the police be careful next time to obtain search warrants and make sure
their searches and seizures are legal. The

Essay On Fourth Amendment
The Fourth Amendment originally enforced the idea that a man's home is his castle and should be
secure from unreasonable searches and seizures of property by the government. Furthermore, the
Fourth Amendment prevents law enforcement officers from searching in locations where the
individual has a legitimate expectation of privacy. (Legal Information Institute, 2010) Legal
Information Institute (2010, February 05). Fourth Amendment. Retrieved October 30, 2017, from
https://www.law.cornell.edu/constitution/fourth_amendment However, with the revelations of
Edward Snowden, we learned, that in direct violation of the Fourth Amendment, our government
spies on all of us; without suspicion, probable cause or warrants. In my worldview, this qualifies

The Fourth Amendment Of The Fourth Amendment
When the colonists established the bill of rights in the 18th century, the fourth amendment seemed
unambiguous. The government needed to respect the right for people to be "secure in their persons,
house, papers and effects, against unreasonable searches and seizures and not be violated, and no
warrants shall issue, but upon probable cause." The difference between today and eighteenth century
is that many more situations have come up that weren't around during the eighteenth century. New
technologies, new threats and new circumstances have risen that may diminish the restriction on the
fourth amendment. In order to protect society from new threats and circumstances in America, the
Supreme Court expands their understanding of the fourth amendment to apply it to the new world.
The idea of the respect for privacy antedates American law. Over one thousand years ago a Roman
statesman by the name of Cicero says that there is nothing that should be less dishonored than the
home of man and it is immoral to violate his place of safety. Although this may true, government has
always had a thirst for information. One major example of this is between the English kingdom and
the thirteen colonies. Until 1768 there was something known as the salutary neglect were Britain
wasn't enforcing many of their laws. Due to the major debt from the French and Indian war, laws
involving taxes and controlling American smugglers, needed to be put in place. One key aspect that
helped enforce these

Fourth Amendment 4th Amendment
The 4th amendment, search and seizure causes a lot of problems. Search and Seizure is the rights
that police have when they enter in a home. The standard for conducting a warrantless search,
probable cause, is the same standard necessary for a warrant to issue. An illegal search or illegal
seizure is a violation of your Fourth Amendment rights, and any evidence seized must be excluded
from trial. Normally police need a search warrant to enter into a home unless they get the consent to
enter in the home without one they normally don't go go into a home without anything. A terry pat is
when a police officer can detain or conduct a reasonable search for weapons where the officer has
the reason to believe the person is armed. Auto stops is ... Show more content on Helpwriting.net ...
Although commonly referred to as the "automobile exception," this rule applies to any vehicle,
including boats. While in some ways, it is quite a broad exception, this rule limits the ability to
search those areas that might contain evidence of the type suspected to be present. In other words, if
police suspect that the occupant of a boat is smuggling people across the border, searching a small
tackle box on board would not be permissible. However, if they were looking for drugs, they could
search the tackle box. The rationale is that, if an officer has to take the time to obtain a warrant, the
vehicle might be out of reach before the warrant can be issued and executed. The rationale here is
similar to the automobile exception. Evidence that can be easily moved, destroyed or otherwise
made to disappear before a warrant can be issued may be seized without a warrant. Furthermore, if a
suspect enters private property while being pursued by officers, no warrant is required to enter that
property in order to continue pursuit, even if the suspect is in no way connected with the property
owner. No warrant is required to seize evidence in plain view if the police are legitimately in the
location from which the evidence can be viewed. For example, an officer cannot illegally enter a
suspect's backyard and then use the plain view exception to seize an illegally kept alligator living in
the pool. But, if on the premises to serve a warrant duly issued to search for marijuana

Abstract
This paper will examine the Fourth Amendment and take a closer look into what is the requirements
to obtain a warrant and when there is no need for a warrant to search a civilian or his or her property.
Also the Patriot Act is infringing on our fourth Amendment right to privacy.
Chapter One
Introduction
In the early days before the United States actually became separated from England the citizens had
to follow whatever the solders wanted them too. If they wanted to come into your house and make it
a place for the solders to sleep you had no say in the matter. But that all changed in the summer of
1787 when delegates from the 13 states came together in Philadelphia and drafted the Constitution
of the United States. The Constitution was not made perfect it was in need of a fixing because at
first it did not include specific individual rights, it only stated what the government could do and did
not say what it could not do. The Federalist did not see a reason to include a bill of rights while the
Anti–Federalist refused to support the Constitution without one. The American people had just
fought for their freedom and did not want to be oppressed by a new government. Thomas Jefferson
supported having a bill of rights because he believed "A bill of rights is what the people ... Show
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For this to happen legally there has two be two things: the police officer must show authority and
the person being seized must submit to the authority. Another topic talked about was investigatory
stops. Investigatory stops must be temporary questioning for limited purposes.To justify an officer
stopping a citizen he or she must have reasonable suspicion and reasonable belief for the suspect
committing a crime(Kim,

Importance Of The Fourth Amendment
The fourth amendment was one of the first amendments to be created shortly after the United States
divided from Great Britain. The fourth amendment reads: "The Right of the people to be secure in
their persons, houses, papers, and effects, against unreasonable searches or 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" (The 4th
Amendment of the U.S. Constitution). During the late 18th century when this was created, the
United States had just separated from their long time rulers, Britain, who were known to give out
"general warrants" to officials to search civilians homes for unjustified reasons (Search and
Seizure). After the fourth amendment was established, citizens were finally given a sense of security
behind their own front doors. The fourth amendment is important to follow because it gives a person
the right to have their own privacy, avoids unnecessary searches, and provides safety and protection.
The fourth amendment plays a crucial role in each society's everyday lives because it ensures
privacy. Due to the fourth amendment, an officer is only allowed to search only if they have a search
warrant that is issued because of a probable cause. A search warrant is confirmed by a judge who is
able to give permission to search a vehicle, house, store, etc. "Searches and seizures that occur
without a warrant

The Fourth Amendment Of The Constitution
The Fourth Amendment of the Constitution was ratified in 1791 and is an important amendment in
the Bill of Rights. The Fourth Amendment is "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" (Charles Wetterer). The
issue of searching and seizing first originated in Britain in the mid–1700's where British officers had
general warrants to search citizens. While this became an issue for citizens in Britain, it became
apparent also in the colonies where British soldiers were searching with only general warrants.
Many citizens believed it was an invasion of privacy. So after independence from Britain, and the
failure of the Articles of Confederation, the Constitution was produced. George Mason, an important
political figure in Virginia, had written the Virginia Declaration of Rights, and he and other
delegates believed the primary purpose of the government was to protect the rights of its citizens. To
further that, he believed citizens had the right to be secure from unlawful searches and seizures.
Once the idea of the Bill of Rights came into play, the Fourth Amendment was also created. The
Fourth Amendment actually guarantees two things: You cannot search or seize unless you have a
warrant and a

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 on Helpwriting.net
...
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

The First Amendment Of The Fourth Amendment
Protection against unreasonable search and seizures is like information on what is in our food. It is
our right as Americans to have it. When the Constitution was written in 1787, only nine of the
thirteen colonies signed it. Ever since 1789, the Bill of Rights– which includes the first ten
amendments– have been a part of the Constitution. The citizens did not want the government to be
able to enter their homes whenever they felt the need to, thus Amendment four was born. According
to the National Archives, Amendment four is: 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
describing the place to be searched, and the persons or things to be seized. This means that police
officers cannot enter someone's house or search someone's things without a warrant, and the warrant
must be for a good reason. There have been many changes involving this amendment due to many
modern things that have been invented since the amendment was first written, for example, cell
phones and automobiles. These modern effects cause us to reassess the fourth amendment and what
it means. According to The Foundation for Economic Education, James Otis, who was an advocate
for Amendment four stated, "A man's house is his castle; and whilst he is quiet, he is as well guarded
as a prince in his castle.

Discrimination In The Fourth Amendment
The Fourth Amendment to the U.S. Constitution was conscripted to safeguard the right to be free
from governmental imposition. Devoid of a warrant and authentic probable cause, an officer cannot
go into a home and search it. The Fourth Amendment protects against unreasonable searches and
seizures and enforces both a meticulousness and probable cause requirement for issuing warrants.
The fourth amendment seems to be fitting for the early immigrants. Discrimination is a very serious
problem for society even back to date. People do discriminate against each other whether their
actions are intentional or happen due to the lack of knowledge or elaborate sociological triggers as
well as societal misconceptions and personal obliviousness. During early immigration, immigrants
were receiving this treatment more than ever according to Multicultural Reading in Context writer's
Barbara Roche Rico and Sandra Mano states, "As soon as they arrived, immigrant families were
detained at the immigration center for a series of debasing questions and medical examinations"
(Rico and Mano 160). There is no type of privacy shown here. As far as historical records show, no
society or nation has been invulnerable to discrimination, either as victim or victimizer. In all
countries there is at least one type of discrimination that impacts diverse groups of people. During
this time in the 1800s even the Fourth Amendment was null in void to most Americans concerning
immigrants especially at the

Fourth Amendment Violations
The US Patriot Act: Violations of the 4th Amendment
The US Patriot Act was a very controversial act that was created after the events of September 11,
2011. Although many sanctions under the US Patriot Act grossly violated the fourth amendment in
several ways, congress felt it was necessary to protect the nation. Sections that violated the fourth
amendment are: the sneak and peek warrants included in section 213, roving/warrantless
wiretapping of section 206, and finally trap and trace searches of section 214. These are just a few of
the many violations I can account for. The Fourth Amendment is part of the Bill of Rights that was
added to the Constitution in 1791. It protects people from unlawful searches and seizures. This
means that the police can't search you or your house without a warrant or probable cause. Are we
truly willing to override the Constitution in the name of national security? ... Show more content on
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In 2007, a District Judge found such warrants to be unconstitutional. However, the government
appealed this ruling, and these warrants remain concerns for many citizens today. This gives law
enforcement officials too much power with very few limitations or oversight. With the state of our
countries race relations and the ongoing utilization of profiling amongst law enforcement, tensions
amongst citizens and law enforcement are on a continued rise. Roving/warrantless wiretapping,
Section 206 enabled the Department of Homeland Security and other law enforcement agencies to
easily obtain records on individuals without their knowledge. Roving wiretaps have long been used
in criminal cases to allow law enforcement to follow a target across multiple telephone or internet
accounts when there's reason to believe the suspect is frequently changing lines to frustrate

The Importance Of The Fourth Amendment
The Fourth Amendment, provides protection to individuals during searches and detentions, and also
prevents unlawfully seized items from being used as evidence against an individual in criminal
cases. This simply means that no authority figure can pull you over, arrest you, or search you
without a valid reason. The only way that an authority figure can actually pull you over or arrest you
is if you are doing something illegal, although there are a few exceptions. For example, if a police
officer knocks on your door and asks to come in, and you allow him to come in, he can now search
anything within reach. The same exception can be applied to when an officer pulls you over. He can
search your car and glove box if it is unlocked. An officer needs permission from the owner or a
warrant to search anything that is locked. Another exception in this amendment is the search for
security reasons such as at an airport. An airport security ... Show more content on Helpwriting.net
...
Although the Fourth Amendment does protect the people in many important ways, in my opinion the
right that law enforcers have to frisk those who they find suspicious is unnecessary and should be
removed. Many conflicts have been seen in today's society where police frisk people who they find
suspicious of something and it ends in bloodshed. The right for law enforcers to frisk people should
be replaced with things such as metal detectors to detect any weapons without them touching the
individuals to avoid any unnecessary conflicts. In the court case of Terry v. Ohio the usage of
frisking did turn out to be beneficial but there have also been many cases where things do not
always necessarily turn out that way so it would be better to avoid any conflicts and instead find a
better way to address this

The On The Fourth Amendment
The Fourth Amendment generally requires a warrant for the search and seizure of personal property,
but no warrant is necessary when the owner voluntarily consents to the search or seizure. However,
an owner may revoke his or her permission prior to the completion of the search, and the court
admits the evidence found prior to the owner revoking consent. The United States Court of Appeals
for the Eleventh Circuit has repeatedly held that the government may search a photocopy of a
document after the owner revokes consent. The Eleventh Circuit has not addressed the issue of
whether searching a mirror image copy of a computer hard drive may occur after the owner revokes
consent. In United States v. Sharp, the Northern District Court of Georgia determined that although
the searching methods for paper documents and computers differ, a government official may search
a mirror image computer copy made during the scope of the owner's consent. II. FACTUAL
BACKGROUND The FBI investigated Gary Sharp and others in their connection with an online site
named www.applanet.net. The investigators suspected the online site of providing users access to
different copyrighted media. On August 21, 2012, Agents Kabrhel and Cieplike, of the FBI, traveled
to Rhode Island to search Sharp's house. After arriving at the Rhode Island address, Sharp's parents
revealed to the FBI Agents that Sharp currently lived in an apartment in Massachusetts. During the
same day, the Agents traveled to Uxbrige,

Importance Of The Fourth Amendment
The fourth amendment was created to protect the individual rights form governmental intrusion. The
fourth amendment protects the right of the people to be secure against unreasonable searches and
seizures. This shall not be violated and no warrants shall issue unless it is upon probable cause. It
was established on December 15, 1791 during the colonial era. When the 4th Amendment became
part of the Constitution, it was originally only applied to the federal government. Then it was
applied to the states through the Due Process Clause of the 14th Amendment. The fourth amendment
is so important to American, because it is the natural right of the people and the protection from
intrusion. Now in society many people do not understand that the ... Show more content on
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To understand this situation I decided to look up cases that reflect on their fourth amendment being
violated. The case that stood out to me the most was Mapp vs. Ohio. In 1957, police officers
received an anonymous tip that Mapp was hiding a wanted man because he needed to be questioned
for a bombing. Then Police officers went to Mapp's house and wanted to search her house. She then
denied them entry, because she needed to see a warrant to let them in. After some hours went by, the
police officers forcibly entered her home and recalled that they received a warrant. Then they
proceeded with the search and found some books, pictures, and photographs in violation of 2905.34
of Ohio's Revised Code. Then during her court trial she appealed her sentence, because they did not
receive a valid search warrant and the police officers violated her rights. Even though they found her
having possessions that were illegal, they could not hold it against her. The issues with search and
seizure are usually towards the issue of violating our rights. One of the rights that we are getting
violated is the right if privacy. It is the interest in being free from observation that matters to us,
because they always try to know what people are saying and or doing without probable cause.
Another way that this is an issue is because of the technology that is being used to observe and
survey us. One of the technologies being used is a drone. Drones are an aircraft

Fourth Amendment Speech
We all know our rights. Most of us do paid attend, to them in school. Do you know what is the
Fourth Amendment is? If, you have forgotten, it is our right to privacy. Or from the Bill of Right
"the right of the people to be secure in their persons, houses, papers, and effects, against
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)." This can be from our homes,
people, schools, and our cars. Why is this important to us? What is searches and seizures? What is
privacy? What should we know about this amendment? Do we have an expectation ... Show more
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This can go for any person who is a suspected or who have done the crime. Search and seizure term
can mean the "examination of a person's premises by law enforcement officers looking for evidence
of the commission of a crime, and the taking (seizure and removal) of articles of evidence", from
legal terms and definitions. According to Computer forensics: Cybercriminals, laws, and evidence
this can mean "a legal procedure whereby law enforcement agents conduct an examination of a
premises and forcibly take property of potential evidentiary value from a person who is suspected of
violating or has violated the law". How well do you know the Fourth

The Fourth Amendment was added on December 15, 1791, and ensured that it would protect
citizens from arbitrary invasions, unlawful detainments, and a citizen's right to privacy in the United
States. Throughout modern America, the Fourth would should up in various landmark court cases
around the country and establish itself as one of the most fundamental rights a person can possess.
Citizens have the right to feel safe in their homes, as well as being safe around their own town, but
what would happen if you were not at your residence and police wanted to search your home? This
can be seen in the court case Weeks v. United States. In 1911, Freemont Weeks was arrested in
Missouri on the grounds of using the express system to transport lottery tickets, which was in
violation of the Criminal Code. While Weeks remained in custody, police officers went to his home
to search it and with no way to get in, a neighbor told them where to they could find a key. The
officers entered the house of the Weeks without a proper search warrant and took possession of his
papers and articles. The officers then returned later on the same day with the marshal, still without a
warrant, and seized letters and envelopes that they found in his drawers. The letters the officers
discovered were then used in court to find Mr. Weeks guilty of sending lottery tickets through the
U.S. mail, ultimately leading to his conviction. Weeks petitioned his arrest and demanded that he
receive his possessions back. As

The Fourth Amendment Of The Constitution
Sahitya Boppana 700#:700622333 Homework 1 1. The Fourth Amendment of the U.S Constitution
says, "The right of the people to be secure in their persons, houses, papers, and effects, against
probable cause, supported by Oath or afﬁrmation, and particularly describing the place to be
searched, and the persons or things to be seized." 2. Can do: 1.) The law enforcement officers or the
police while searching a car can search any part of the vehicle within the immediate reach of the
driver. They can search the vehicle if they see anything illegal in plain view. 2.) If he/she arrests the
driver, he/she can search the entire vehicle. 3.) If they tow the vehicle, they can look through the
vehicle fully. 4.) The officer can search the person i.e. the driver for weapons. 5.) The officer can
search the entire vehicle or

Design Of The Fourth Amendment
Design of the Fourth Amendment The Fourth Amendment was not designed to serve as a fixed
protection against government abuse. There is no amendment to the Bill of Rights whose contents
should be taken at the face value they were written for. Keeping any amendment in its' historical
context would solidify the amendment as a defense for the historical incidents that occurred in late
eighteenth century, rather than a guarantee that law enforcement officers act accordingly in present
day. As times change and advances are made to technology, society identifies a need for changes
within amendments; specifically the Fourth. Based on the majority opinions of landmark cases by
the Supreme Court, we are able to predict where Fourth Amendment law is headed in connection
with new technologies. Law is the formal embodiment of rules that legislators, regulators, and
judges etch into statute books, administrative manuals, and judicial decisions. It is unavoidable and
desirable to see the law change as technology becomes increasingly sophisticated (Larkin 2013).
The invention of telecommunications systems in 1875, created a need for a law to protect the
integrity of conversations. Likewise, the invention of electronic devices such as car spotlights,
electronic listening devices, global positioning systems, and thermal imaging scanners brought upon
a validated reason for the public to be concerned. The concern raised was over the abuse of these
devices by the government in order to acquire

Fourth Amendment Awareness
1. The Fourth Amendment of US constituency is stated as follows: 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. The Fourth Amendment was purposeful to create a good constitutional relationship between
U.S. citizens and frighten power of law enforcement. This Amendment has mainly three
components. Firstly, its main intension is to maintain privacy by recognizing the rights of U.S.
citizens to be "secure in their persons, houses, papers, and effects." Secondly ... Show more content
on Helpwriting.net ...
The official need to get a warrant to do searches of a student personal belongings like cell phone,
unless there are urgent situations such as immediate, assumed threat to student safety. For example
student caught by the teacher for using the cell phone inside the classroom. Teacher took the cell
phone and handover it to principle office, they are supposed to keep it with till evening i.e. end of
the day. Principal found that the student has connections with drug suppliers through his history of
text messages, then they caught drug supplier and submitted in the court. Court found that the search
was illegal and the case was

The Fourth Amendment Is On Privacy
The search and seizure stipulate that the Fourth Amendment is about privacy. It gives a prevision of
protection of personal privacy to every citizen's right, not to serve as a fixed protection against the
misuse of the government, but to be free from unreasonable government intrusion into individuals
lives. There is an understanding that one must know when looking into the Fourth Amendment and
expecting protection, that must be considered. It serves as a protection for the rights of the people
during police stops, arrests, searches and seizures of homes, papers and businesses. It has been
placed to be a legal mechanical device to ensure that people's rights are treated fairly under limited
circumstances from those who are in a legal position. The Fourth Amendment stretches out to
demonstrate the protection of search and seizure. This constitutional protection is provided to
individuals in many scenarios. When police have a valid search warrant, a valid arrest warrant or the
belief that probable cause in which a crime has been committed it shows that law enforcement has
validation or at least a solid belief of probable cause during a search or seizure, but just so you
understand the police can override your privacy, your concerns and conduct a search of you and
your personal space. Law is a concrete form of rules that has been placed in a foundation that was
established for policy holders to refer back to encase there is a need for an exclusionary rule (Nd
2014). During my

The Importance Of The Fourth Amendment
A The Fourth Amendment in the Bill of Rights was ratified on December 15, 1791. This
Amendment protects people from the police searching their homes and private property without a
properly executed search warrant. "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
describing the place to be searched, and the persons or things to be seized" ("Annenberg
Classroom," 2006). B "The Fourth Amendment protects people against unreasonable searches and
seizures by government officials. A search can mean everything from a frisking by a police officer to
a blood test to a search of an individual's home or car. A seizure occurs when the government takes
control of an individual or something in his or her possession. Items that are seized often are used as
evidence when the individual is charged with a crime" ("Annenberg Classroom," 2006). This
amendment is meant for agents of the government, it does not apply to people who do not belong to
the government. ... Show more content on Helpwriting.net ...
But it does not restrict all searches. For example, courts have ruled that school officials may search
school lockers and require that students who participate in extracurricular activities undergo random
drug testing" ("Annenberg Classroom," 2006). This amendment gives people a right to privacy. This
amendment can be bypassed by police if they have a reasonable cause to search, which is typically
when people feel like their rights are being

Fourth Amendment Essay
" In the late eighteenth century, after the United States of America achieved their independence from
their former ruler, American leaders decided that their country was in need of a new document to
rule over it. They took upon themselves the task of drafting the Constitution, which has been the
supreme law since its ratification. As part of its Bill of Rights, the Fourth Amendment protects
American citizens from ""unreasonable searches and seizures"". While the internet did not exist for
a couple more centuries, this right that citizens have expands and changes as society does, therefore
internet protection falls under the umbrella of the Fourth Amendment. The government monitoring
the internet could be considered illegal under this fourth ... Show more content on Helpwriting.net ...
This justifies the previous claims that internet protection should be included in the penumbra of the
Fourth and Fifth Amendments. A few years ago, a former employee of both the CIA and NSA,
Edward Snowden, became a whistleblower as he leaked information pertaining to the illicit
activities of the NSA. One of the NSA programs that Snowden informed the public on was called
XKeyscore, which allowed members of the NSA to ""search through enormous databases of emails,
online chats, and browsing histories of targets,"" (Business Insider). The government having the
ability to investigate the internet content of ordinary citizens, in any fashion similar to that of
XKeyscore, is unjust and denies American citizens their rights. The uproaring havoc of the public
following the Snowden leaks reflects how Americans today, as a whole, feel about their internet
content being watched by the government. Recently, the possibility of the FCC removing net
neutrality concerned many citizens, afraid they were possibly going to lose their internet privileges.
While this does not directly correlate to monitoring the internet, it goes to show that many
Americans do not wish to have a reduction in their internet

The Second Amendment And The Fourth Amendment
Since the time the framers of the constitution, technology has improved significantly which has led
to an increasing concern in the privacy of an individual. Technology, used by government agencies
and commercial enterprises, has led to a change in one's privacy and freedom. For this 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 society.
Drawing from lessons of history, the framers created the Fifth Amendment which protects an
accused person from self–incrimination, and punishment without due process of law (Edwards,
Wattenberg, & Lineberry, 2006). The framers had in mind the oath de veritae dicenda In twelve
thirteen, Pope Innocent III created a council that led trials of crimes. An accused had to swear the
oath, which was to answer all questions truthfully, when in front of the council. If the person
refused, the person was said to be guilty, and if the person pleaded not guilty he was convicted of
perjury. In top of all of this, the council would threaten eternal damnation if the person did not take
the oath (Bentz, 2012). Another

Put yourself in the shoes of a drug dealer. Your "associate" is napping in the back seat while you are
transporting 54 grams of cocaine. Then suddenly you get pulled over, its soon made clear you were
just being warned about a broken tail light. The officer notices the man sleeping in the back and gets
suspicious. Following through with his request, you allow the officer the search your car, concluding
with him finding your stache of illegal drugs. Regardless of your protection from unreasonable
searches and seizures under the Fourth Amendment, the officer can still use the evidence against
you.
The Fourth Amendment is the protection of people's personal items, unless a warrant is necessary, to
be used against them unreasonably. The amendment was first introduced by James Otis in a
discussion with King George III, thought together due to multiple occasions of people's personal
assets being seized through the order of the King or Queen to be used against them in official
hearings. This caused obvious tension between the common people and their rulers, as well as James
Madison later states that Otis was ... Show more content on Helpwriting.net ...
Several court cases, some dating back to the early 2000s, have been held over the tracking and/or
seizure of cell phones by police authority. This has stirred up massive controversy due to the courts
inconsistent rulings that seem to vary by state. This can be troublesome in many instances where a
similar trial in two different states can have two different rulings, meaning there is no precedent rule
or written mandate for such occasion. While cell phone technology in particular is becoming more
and more of a utility for not just our personal but our public lives as well, the people are beginning
to fight for their privacy through the use of their digital

Fourth Amendment Assignment
A Fourth Amendment Written Assignment During September 1787 the United States Constitution
was adopted and signed, but it was not ratified until nine of the thirteen states did so on June 21,
1788. The most important piece of the Constitution is the Bill of Rights which was ratified on
December 15, 1791. These ten amendments have focused on people's individual liberties even until
this day. The Bill of Rights is important because it protects the rights of citizens. Citizens of the
United States depend on these amendments to place a ceiling for the government so that they do not
gain too much power. Law enforcement constantly invade people's privacy promised from the
Constitution from small stops, frisks, being detained for various periods ... Show more content on
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Judges examine how evidence was gathered and whether it was gathered legally. Katz v. United
States and United States v. Leon impact the application of the Fourth Amendment. Law enforcement
invade people's privacy as long as it is reasonable, but on the other hand what is a reasonable
expectations of privacy? In Katz v. U.S. people questioned whether someone had an expectation of
privacy in a public photo booth. Katz was making a phone call and officers believed that he was
transmitting gambling information to clients from other states. With this hunch, officers placed an
eavesdropping device on the outside of the public phone booth. Katz was soon convicted based on
the recordings of his conversation. He argued in court that this evidence could not be used against
him. Noting the absence of law enforcement physically intruding, the Court of Appeals rejected his
request. Soon the court granted certiorari. The Supreme Court ruled that during Katz conversation
he was entitled to Fourth Amendment protection. Police were required to obtain a search warrant in
order to intrude and wiretap the phone booth. The Supreme Court also stated that it was not
necessary for physical intrusion in order for the Fourth Amendment to come into play. ""The Fourth
Amendment protects people, not places," wrote Justice Potter Stewart for the Court. A concurring
opinion by John Marshall Harlan introduced the idea of a 'reasonable' expectation

Breaking The Fourth Amendment
The government has the power over many things but this time they went a bit too far and took
advantage of their power by spying on us. Is it a conspiracy or a fact?The US government with
assistance from major telecommunication carriers including At&T , has engaged in massive,illegal
dragnet surveillance of the domestic communications and communication records of millions of
ordinary Americans getting information which i think at times it can be necessary.Someone can be
plotting a terrorist attack , murder or robbing a bank. Some say the NSA(National Security Agency)
has invented futuristic "toys" they have become creative finding new ways to get Intel on us.
Balance is key, that is what we need,sadly the balance has been disrupted even though ... Show more
content on Helpwriting.net ...
Just you and what you need like food,water ,clothes,tent etc.You have the chance to know more
about yourself and the environment if your in the mood to explore, or hide from the world that
seems to be run by

History of the Fourth Amendment Envision a party where there are people drinking and using drugs.
The music is loud, and people are getting intense hallucinations. The neighbors disturbed by the
ruckus called the authorities reporting substance use by minors. Police soon arrive soon and search
the house and look around, but can the police search the house without a warrant? Would this be
legal? The Fourth Amendment, with the precedent set by the Fourth Amendment viable
circumstances search and seizure is ethical because it protects citizens from an unlawful entry, yet
allows law enforcement to collect evidence that can be used in court. In the article by Fried and Kerr
(n.d) the Fourth Amendment states: 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
describing the place to be searched, and the persons or things to be seized. (p. 1) The Fourth
Amendment establishes that for any government official to search a person's home, bank, business,
papers, or personal items, he must have a search warrant issued by a judge. The Bill of Rights gives
to citizens' certain rights and freedoms, and specifically, the Fourth Amendment protect them from
illegal searches and seizures. "The Fourth Amendment does not guarantee against all searches and
seizures; only those are deemed

The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and
eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights
the Fourth Amendment can be traced back to a strong public reaction from some cases back in the
1760s. Two of these cases happened in England and one case happened in the colonies. These cases
involved some pamphleteers who would pass out pamphlets to the public in order to spread their
word around. These pamphlets however ridiculed the king and his ministers. After finding this out
the king issued warrants to have the pamphleteer's homes ransacked and stripped of all their books
and papers. Even back then the pamphleteers knew that their rights ... Show more content on
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These include the Katz test, the exclusionary rule, and pertaining to Berger vs. New York, this case
examined whether or not evidence obtained by eavesdropping could be used in court. So back to one
of my previous thoughts that even if the founder fathers could not view the challenges that the future
would bring their amendments, we as a people, through a number of different circumstances, have
come up with new parts to apply to the amendments that keep them pertinent in our modern society.
Also aside from the exclusionary rule which helps the citizens if evidence is illegally obtained that it
cannot be used against them in court, but in the mid 1980s the good faith exception was first
instituted. This was created to help the police force or any force in use of a warrant but held an error
outside of their control. In short, this helped if the warrant held a mistake but it was not the
policemen's fault so even if evidence was obtained it can still be used in court even with a flawed
warrant. If none of these previsions have been taken into account I would have to say that I strongly
disagree with the fourth amendment in this current date because we would applying a law that was
created so long ago without any concern to how it should be updated. Since the amendment has been
ratified, and within this past century it has been adjusted according to fit within our needs and

The 4th Amendment In The Fourth Amendment
All counter–terrorism efforts potentially violate the 4th Amendment because First of all, I think that
they violate the 4th amendment science It is proved that they kind of disrespect the privacy of others
by making certain agreements with other people to get information from anywhere that people didn't
know that they were getting. Another reason that can prove that they violated the 4th Amendment is
that before this program called PRISM came out the government would go and ask for permission to
get any type of information but after this program came out It turned out that everything was a
secret. Also basically everything about getting people's information was a secret until one day a man
called "Edward Snowden" came out with this point of privacy and he had to end up leaving the
country and hiding because the government disagreed with his opinions for a reason. This letter will
attempt to the 4th Amendment by proving how all counter–terrorism efforts potentially violated
privacy. First of all, I think that they violate the 4th amendment science It is proved that they kind of
disrespect the privacy of others by making certain agreements with other people to get information
from anywhere that people didn't know that they were getting. As it says on "Does the Fourth
Amendment Protect Us? (Part–4)" "Is this the way that they want police and other people to go into
their stuff because based on the 4th Amendment this meant that the police would have needed a

There is a certain standard on understanding what is expected to be private and what is not. But
what is that standard? Where is the line drawn? Protecting citizens from unlawful searches and
seizure has a past filled with challenges and changes to its interpretation. The Fourth Amendment
was created to keep them from being taken advantage of. Privacy is a right, not a privilege and
should be treated that way Protecting citizens from unlawful searches and seizure is a balance
between personal liberty and government authority. According to the Bill of Rights institute, the
Fourth Amendment in the Bill of Rights states, "The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures..." ... Show more content on
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The Mapp v. Ohio case, 1961, refers to police using evidence from illegal/unconstitutional search
and seizure. Dollree Mapp was convicted of possessing obscene materials after an admittedly illegal
police search of her home for a fugitive. She appealed her conviction on the basis of freedom of
expression. The search of the home was without a warrant in violation of the Fourth Amendment.
The evidence presented during the argument was based primarily of the vulgar books and pictures
unlawfully seized during an unlawful search of Mapp's home. It was also brought up that police
forcefully opened her door without being admitted entrance and without a warrant. The Ohio
Supreme Court believed a "reasonable argument" could be made that the conviction should be
reversed "because the methods' employed to obtain the [evidence] . . . were such as to 'offend "a
sense of justice,"'" but the court found determinative the fact that the evidence had not been taken
"from defendant's person by the use of brutal or offensive physical force against defendant," (Justia
Law). Mapp was arrested, prosecuted, found guilty, and sentenced for possession of pornographic
material. The fourth amendment sets the standard for searches and seizures held by law enforcement
officials. Until Mapp v. Ohio, states did not have the exclusionary rule which prevents

Fourth Amendment Framework

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