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The Law Of The Land

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“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.”
When the United States was formed in the 17th century, judges looked to English practice for guidance in their court proceedings. Regarding search and seizures, common law limited official power from English authorities to search private residences. It was not until the Constitution and the Bill of Rights were established that gave citizens inalienable rights and guaranteed protection from their own government. …show more content…

William Howard Taft, Chief Justice of the United States Supreme Court from 1921 to 1930, was particularly excellent at constitutional law, but extraordinarily bad at reading public opinion and the nature of how society changes over time. With this mixture of talent and misfortune, he was able to effectively broaden the constitutional scope of warrantless legal search and seizures, giving wireless materials as well as situations where it is not practical exceptions from the requirements to obtain a warrant. Currently up for decision in the Supreme Court is Riley v. California, a search and seizure case which involves the confiscation of a mobile phone. This paper will trace the evolution of search and seizure laws in the United States to describe how different eras in time also included different interpretations of the laws. An evaluation of William Howard Taft’s contribution towards the area will also be included. The other purpose of this paper is to explain the history of Riley v. California’s issue and circumstances, as well as providing an informed hypothesis on how William Howard Taft would have decided the case. Before the Constitution was founded in the United States, colonies relied heavily on common law adopted from English precedent to decide on cases in their courts. Eighteenth century law

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