Amendment is to prohibit unreasonable search and seizure and a warrant is to be required that is supported by probable cause. Even though the Amendment was introduced in 1789, it wasn’t adopted as an official amendment until 1792, because in December of 1791 three quarters of the states had ratified the amendment. The fourth amendment had a case law that dealt specifically with three different questions: “what government activities constitute “search” and “seizure”; what constitutes probable cause
by demanding that warrants be issued and empowered by law to allow a search and seizure. Furthermore, a warrant will only be distributed if probable cause can be proven. The fourth Amendment gives for extra requirements and protection of citizens due to the misuse of the writ of assistance during the American Colonial Period. The writ of assistance was a type of general search warrant that was employed by tax collectors to search the homes of the colonists and seize goods, which was commonly misused
his friends at lunch to have a locker search, they confiscated Ryan's iPod 4. He never saw it again. The security said that they kept it, but it "somehow" got lost. Students should not conduct random locker searches because they will lose their privacy, have misplaced focus, and the search could lead to legal issues. I mean, how many times have people found bad in lockers in the past 12 years? Schools should not conduct random locker searches
protects citizens from any search and or seizure that is not supported by probable cause. More often then not, a search and seizure is to be carries out by a law enforcement official. In order to do such an action, a law enforcement official must first equip a warrant which is to be sanctioned judicially and considered as reasonable. The Fourth Amendment further extends its protection by mandating that warrants be issued and sanctioned by law in order to perform a search and seizure. That being said a
about the pros and cons of the exclusionary rule, how it is effecting the criminal justice system of the United State. In addition, I will speak and summarize the case of Pennsylvania Board of Probation and Parole v. Scott from 1998, this will be a great example of the exclusionary rule and the effects about them. Furthermore, I will show how this case was important with the Exclusionary Rule, and my opinion on the matter. Arguments are powerful in the United State on the pros and cons of the exclusionary
attack” (“School Shootings…”). Searching book bags and lockers would reduce if not stop school shootings and other weapons and contraband inside of schools. Schools have the right to search lockers and book bags with a probable cause and or a warrant. If students knew that at any given moment they could be asked to search book bags or lockers than students would not bring any contraband inside schools. Students bring the contraband to school to show off or even harm other students. They bring the drugs
Legalizing marijuana is a topic of interest in news outlets and people throughout the United States. The debate revolves around a multitude of ideas, beliefs, and facts associated with marijuana. Whether or not it will become completely legalized in every state stays a mystery, but as of right now eight states and the District of Columbia have passed laws allowing for the personal possession and consumption of marijuana for adults. There are also twenty-nine states and the District of Columbia that
people arguing for both sides, I for one am against drug testing for government assistance. Here I will discuss some of the pros that I have found on this subject. Drug
routinely be subjected to police stops not rising to the legal formality of “seizures,” simply because they are young black men”(Cole 27). “Blacks receive probation 3 times more than whites in the years 2010-2013. The number of whites being given probation than receiving an sentance has increased by about three fourths more than it was 2011”(Johnson 1). Whites are likely to receive a court day faster than a person of color. More than half of the hispanics in prison today faced a white judge. Majority
someone’s phone breaking their privacy, which is violating the Fourth Amendment. On Google, the fourth amendment clearly states, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The amendment does not say that third parties can force people to help aid the Federal Government. The FBI has no right to invade on Farook’s life. Some again say, yes they do, they are trying to protect Americans from future bombings, shootings