The Pros And Cons Of The Undue Burden

Search and seizure is a vital and controversial part of criminal justice, from the streets to the police station to court. It is guided by the Fourth Amendment, which states that people have the right to be free from unreasonable search and seizure of their bodies, homes, papers, and possessions and that warrants describing what and where will be searched and/or seized are required to be able to search the above things (“Fourth Amendment,” n.d.). Interpretations of the Fourth Amendment by the U.S. Supreme Court and the establishment of case law by many state and federal courts have expanded upon the circumstances under which search and seizure is legal. Several doctrines and exceptions have also emerged from the Supreme Court and other case law that guide law enforcement officers on the job and aid lawyers in court.

Abortion has been a complex social issue in the United States ever since restrictive abortion laws began to appear in the 1820s. By 1965, abortions had been outlawed in the U.S., although they continued illegally; about one million abortions per year were estimated to have occurred in the 1960s. (Krannich 366) Ultimately, in the 1973 Supreme Court case of Roe v. Wade, it was ruled that women had the right to privacy and could make an individual choice on whether or not to have an abortion during the first trimester of pregnancy. (Yishai 213)

This case is important to anyone working in law enforcement because of the objective reasonableness standard that it established via the fourteenth amendment of the U.S. Constitution. This case also reversed a four-factor test regarding use of force that was used to test if the force was applied in a good faith effort to maintain discipline or was applied with malice to cause harm. The Supreme Court in 490 U.S. 396 (1986) determined that the four factor test did not cover all possible situations and only the decision making skills of a human being can adequately determine the appropriate use of force.

This case mainly deals with the interpretation of our Constitution’s Fourth Amendment, which protects us from unlawful search and seizures. What we can learn from this case are: the differences in court systems, the elements that comprise the Fourth Amendment, and the controversies surrounding it. The text relevant to this case can be found within the first six chapters of our textbook, with an emphasis on Chapter 6 “Criminal Law and Business”.

The Fourth Amendment of the United States Constitution protects one’s rights against unreasonable searches and seizures. It also states that no warrants shall be issued without probable cause. Probable cause can be defined as a person of reasonable caution who believes that a crime has been committed and the person accused has committed that crime. Modern law has afforded police officers an incentive to respect this amendment, known as the “stop and frisk” act. The Stop and Frisk law allows police officers to stop someone and do a quick search of their outer clothing for weapons: if the officer has a reasonable suspicion that a crime has or is about to take place and the person stopped is armed or dangerous. The reasonable

Norma McCorvey, who was unable to care for her ready born child felt that abortion was the only solution for her unborn child. But with Texas law only allowing abortions as a means of saving the life of a mother, she was denied the right to an abortion. That’s when Texas lawyers, who were trying desperately to bring a “lawsuit of change”, felt that McCorvey’s case was the one they needed. Unfortunately for Norma, Roe v. Wade was not passed in time for her to abort her baby. Her lawyers argued the woman’s right to abortion was protected by the 9th amendment, being that the denying abortion was a violation of the right to privacy. Abortion ties into privacy; the right to privacy ties into the 1st, 4th, 9th and 14th amendments.

The United States Constitution affords all people certain rights. The Fifth Amendment states that we have the right against self incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions were to be rewritten and that is not likely to happen. In this paper we will be examining the Fourth Amendment, learning the requirements for obtaining a search warrant, defining probable cause, describing when search and seizure does not require a warrant. We will also explain the rationale for allowing warrantless searches, examine the persuasiveness of these reasons, and determine if probable cause is always

In her essay “Abortion, Intimacy, and the Duty to Gestate,” Margaret Olivia Little examines whether it should be permissible for the state to force the intimacy of gestation on a woman against her consent. Little concludes that “mandating gestation against a woman’s consent is itself a harm - a liberty harm” (p. 303). She reaches this conclusion after examining the deficiencies in the current methods used to examine and evaluate the issues of abortion. Their focus on the definition of a “person” and the point in time when the fetus becomes a distinct person entitled to the benefits and protections of the law fails to capture “the subtleties and ambivalences that suffuse the issue” (p. 295). Public debate on the right to life and the right

The Fourth Amendment has two basic premises. One focuses on the reasonableness of a search and seizure, and the other on warrants. One view is that the two are distinct, while another view is that the second helps explain the first. However, which interpretation is correct is unclear. In addition, law enforcement today differs sharply from the period in which the Constitution 's framers lived. During that period, no organized police forces existed that were even remotely like those of today. In contrast, today 's law enforcement officials seem to have broad authority to search and seize. These powers are not generally subject to either statutory or regulatory control, and common law limitations are generally ill defined and

In 1973, the Supreme Court made a decision in one of the most controversial cases in history, the case of Roe v. Wade (410 U.S. 113 (1973)), in which abortion was legalized and state anti-abortion statues were struck down for being unconstitutional. This essay will provide a brief history and analysis of the issues of this case for both the woman’s rights and the states interest in the matter. Also, this essay will address the basis for the court ruling in Roe’s favor and the effects this decision has had on subsequent cases involving a woman’s right to choose abortion in the United States. The court’s decision created legal precedent for several subsequent abortion restriction cases and has led to the development of legislation to protect women’s health rights. Although the Supreme Court’s decision in Roe v. Wade was a historic victory for women’s rights, it is still an extremely controversial subject today and continues to be challenged by various groups.

Blackmun argued that the right to privacy, as defined in the Griswold v. Connecticut decision in 1965, included “the abortion decision.” In the ninth amendment, Blackmun argued, was “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” However, despite this argument of a woman’s right to end her pregnancy being cover under the “right to privacy” as established in Griswold,

We must start in the research of the NYPD Frisk Program: Noble Cause Corruption situation with the Fourth Amendment‘s which protects a person against unreasonable searches and seizures of the U.S. Constitutional 4th Amendment. Further review of the 4th Amendment law provides guidelines for the search and seizure between police and citizens in a public place.

Reasonable suspicion occurs when an equitable law enforcement officer possessing a belief or intuition of the possibility of a crime being committed, stops an alleged suspect, conducts a brief investigation and “pats” them down if it is believed the detainee possess a weapon. Reasonable suspicion became relevant in 1968, during the paramount case of Terry v. Ohio. An officer observed several people, Terry included, behaving in a suspicious manner in front of a store giving the officer reasonable suspicion to confront the suspects and conduct a brief pat down, whereas it was found that Terry had in his possession a firearm. This made the officer’s reasonable suspicion plausible, ruled by the Supreme Court, (Terry v. Ohio, 1968). Thus, this lead reasonable suspicion to probable cause to the arrest of Terry and his fellow accomplices.

When conducting possible searches and seizers, the Fourth Amendment is made to protect unreasonable conduct. Due to

The undue burden standard, presented in this is inherently flawed and would prove unworkable in practice. Abortion in the past few years has been slowly declining, from a peak of 30 out of 100 pregnancies in 1983 to 24 out of 100 in 2004. Pro-life legislation has been passed in many states. Twenty-four states have passed a right to know legislation, making sure women learn as much as possible about abortion, and what alternatives they take instead. People have been trying to make these pro-life alternatives happen. Twenty-nine states have some parental involvement laws, protecting teens from adolescent fears and exploitation by the abortion industry. Many pieces of pro-life literature have been distributed, illustrating fetal development. These