Fourth Amendment Essay

The Fourth Amendment provides citizen the freedom of privacy. The expectation of privacy is covered under the Fourth Amendment in order to protect this privacy. I strongly believe that an officer should obtain a search warrant in order to violate one's right to privacy when crossing the boundary of personal items. By searching an individual backpack, purse or wallet, one's privacy is invaded. According to the court in People v. Cregan personal items such as cigarette packs (found in pockets), wallets

i. Fourth Amendment The court acknowledges that the Fourth Amendment grants the citizens of the United States protection against illegal searches and seizures of their home by requiring a warrant unless there is consent (U.S. Const. am. 4). We understand that the defendants did not have a warrant and that the plaintiffs did not consent to a search. ii. Hot Pursuit However, the court recognizes that the defendants were legally allowed to enter the plaintiff’s house while in pursuit of the fleeing

Under penal code § 1538.5 (a)(1)(A), a defendant may move to suppress evidence in view that the search or seizure without a warrant was unreasonable and in violation of the Fourth Amendment. (Penal Code§ 1538.5 (a)(1)(A).) The Fourth Amendment protects people from the government’s unreasonable searches and seizures. (People v. Williams (1999) 20 Cal.4th 199, 125.) Moreover, a warrantless search is presumptively unreasonable unless the prosecution meets its burden of proving some justification for

The Fourth Amendment of the U.S. Constitution provides 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 does not guarantee protection from all searches and seizures, but only those done by the government

The Fourth Amendment to the Bill of Rights of the United States Constitution 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 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 Fifth Amendment reads, in part, "No person shall be...compelled in any criminal

our founder fathers were trying to determine which rights are most significant and timeless to the people, the right to be protected from illegal search in our homes and effects was one the first rights put into legislation (The fourth one to be exact). The fourth amendment protects people from being searched without justification. The word “Justification” draws debate because there are various opinions on when a search is & isn’t justified. For example, a warrant justifies a search of a specified

Question one. The Fourth Amendment states 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…” Just imagine a scenario where an individual is sitting in their house, and the police barge in and search the entire premises and the individual with no warrant or merit to the search? That type of life would be perverse on itself, let alone frightening. Cases like Katz, Jones, and Oliver exemplify why

When is a search and seizure reasonable? John Vile clearly explains the origination of the Fourth Amendment and why it was created at the time of the creation of the Constitution, ¨Like the amendment that precedes it, the Fourth Amendment was largely motivated by abuses of the British when they ruled America. They had used general warrants, or so-called writs of assistance, in tracking down customs violations in the colonies. A number of states subsequently adopted provisions against such warrants

ASSIGNMENT – 1 Somalaraju Sateesh Kumar Raju 700628655 1. Fourth amendment of United States Constitution protects people from being undergone unwarranted searches and prevent their things from being taken away by authorities without proper authorization. If any government official or agent want to search an individual or their belongings, they should have proper reason to do that and get permission from the judge. Fourth amendment of United States constitution states that it is “the right of the

Introduction: The Fourth Amendment to the U.S. Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. In the landmark cases below, the cases went to court because the defendant accused law enforcement of violating their Fourth Amendment Rights. Under the Constitution the Fourth Amendment protects officers of unreasonable search and seizures. Officials as public schools