The Case of U.S. v Jones: Was the 4th Ammendment Violated? Essay

The Case of U.S. v Jones: Was the 4th Ammendment Violated? Essay

Length: 1044 words (3 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview

In the case of U.S. v Jones, the judicial branch had to address the questionable topic of whether or not the Fourth Amendment was violated (). Since this case was not black and white and did bring up many questions as to what was constitutional, the judges had to use judicial review. Judicial review is the power that allows judges to interpret the meaning of laws (Class, March 13). Once a law is understood a certain way, the people must follow it (Class, __). The U.S. v Jones case deals with the Bill of Rights (United, 1). This is due to the circumstance that the Fourth Amendment is included in the Bill of Rights document stating that “searches and seizures” cannot be done without a warrant (Class,___). The case of U.S. v Jones was about the violation of Jones’s Fourth Amendment when a GPS device was placed on his jeep without his consent because he was suspected of drug possession (United, 1). Since judges have the power to informally amend the Constitution using judicial review (Class, ___), they must take into consideration many contributing elements when making a decision.
To be able to understand the ruling of the court, we must first look at what happened before it came to the Supreme Court. First of all, the government did get a search warrant allowing a GPS to be installed on the jeep. However, the GPS must have been installed in D.C. and within the ten-day period that it was issued. The GPS was installed on the 11th in Maryland (Cornell 3-4). He was suspected of having and distributing drugs, so with the help of the GPS, FBI agents were able to find where he hid his supply (Savage 1). The jeep was tracked for a total of 28 days (Cornell 3). This case originally started in the lower court. The U.S. Court of...

... middle of paper ...

...1/08/142138946/supreme- court-hears-arguments-in-gps-case>.
Spark Notes. "The Bill of Rights: The First Ten Amendments." U.S. Constitution. Spark Notes, 2011. Web. 25 Feb. 2014. .
Supreme Court. United States, Petitioner v. Antoine Jones. N.p.: Supreme Court of the Untied States, 11 Aug. 11. PDF. "United States v. Jones." The Oyez Project at IIT Chicago-Kent College of Law, 26 Feb. 2014. Web. 26 Feb. 2014. .
The Washington Post. “Supreme Court Round-up-United States V. Jones, 2011-2012.” The Washington Post. The Washington Post, 30 June 2012. Web. 26 Feb. 2014. .

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Analysis of the 4th Amendment Essay

- The Bill of Rights or the first 10 amendments to the Constitution was proposed to Congress in 1789 by James Madison in response to the Anti- Federalist movement that lobbied for an extended amount of rights that would further safeguard liberty. The 4th amendment in particular was drafted to acknowledge the abuse of the writ of assistance, a “search warrant” issued by the British government to search boats that were thought to contain smuggled material in Colonial America. The 4th amendment can be broken down into 3 parts: what activities are considered to be a “search” or a “seizure”; what is a probable cause for a “search” and “seizure” and finally, how violations should be dealt with....   [tags: The Bill of Rights]

Strong Essays
643 words (1.8 pages)

4th Amendment Violations Essays

- The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case. The 4th Amendment only applies when certain criteria are met. The first criterion is that the government must be involved in a search or seizure via government action....   [tags: criterion, court, unlawful search]

Strong Essays
1605 words (4.6 pages)

4th Amendment Essay

- 4th Amendment In the late 1700's the 4th Amendment was written because of strong objections to the Writs of Assistance or general warrants. The Writs Assistance gave officials the right to enter any home and seize belongings without a reasonable cause. (Grolier Encyclopedia) The 4th amendment was ratified in the Bill of Rights on December 15, 1771. This amendment protects the people's right to privacy and security. (Encarta Online) 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 warrants shall issue, but upon probable cause, supported by Oath or affi...   [tags: Government Constitution Amendments History Essays]

Strong Essays
1098 words (3.1 pages)

Eighth Ammendment and the Twenty-Eighth Ammendment Essay

- U.S Constitution’s Eighth Amendment Since the ratification of the Eighth Amendment nearly two hundred and twenty two years ago, the citizens of the United States have been under constitutional protection from excessive bail, fines, and unusual or cruel punishment. The following examines and gives a brief analysis of the origination and history of the eighth amendment, along with the provisions/clauses contained within the amendment. In addition, I think an amendment requiring a limitation on immigration and immigration services should be added as the twenty-eighth amendment to the United States Constitution....   [tags: US Constitution, immigration, fines, bail]

Strong Essays
1885 words (5.4 pages)

Essay about Case on First US Ammendment and Clauses

- The First Amendment of the United States Constitution includes the Establishment Clause and the Free Exercise Clause. These clauses instruct that legislature shall neither establish an official religion nor unnecessarily restrict the practice of any religion. U.S. Const. amend. I. The Supreme Court has adopted a standard of neutrality to satisfy the Establishment Clause stating: neither federal or state government can enact laws which aid one religion, aid all religions, or prefer one religion over another, and neither can force nor influence a person to profess a belief or disbelief in any religion....   [tags: Religion, Prayer]

Strong Essays
1498 words (4.3 pages)

On the Fourth Ammendment of the Constitution Essay

- According to the Fourth Amendment, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Without the Fourth Amendment, people would have no rights over their own personal privacy. Police officers could just enter people’s houses and take anything that they could use as evidence and use it against them. With the advancement in today’s technology, it is getting more and more difficult to define what exactly privacy is to us, and whether or not the Fourth Amendment protects it....   [tags: you cannot search my home without a warrant]

Strong Essays
684 words (2 pages)

Essay America's Reaction to the Eighteenth Ammendment

- In 1917 was the point in history where Congress passed the Eighteenth Amendment to amend the Constitution which stated that it prohibited the export, import, manufacture, sale, and transportation of alcoholic beverages in the United States. This law sparked rebellion in American citizens across the nation; many people thought this law violated their right to live by their own standards. The implementation of the 18th amendment created a large number of bootleggers who were able to supply the public with illegal alcohol....   [tags: Prohibition and crime]

Strong Essays
764 words (2.2 pages)

Analysis of the 8th Ammendment Essay example

- The bill of rights also known as the first ten amendments to the constitution was finally ratified in 1781. The purpose of the Bill of rights not only limits and acts as a type of restriction towards the power of the government but while doing so it benefits the citizens by securing their rights and reduces the considerable amount of federal authority. After seeing that the constitution did not meet the requirements of all states, the imposition of the Bill of rights reassured the people that their rights would not be violated, that the government would not oppress them and that it would protect them against tyranny....   [tags: The Bill of Rights]

Strong Essays
660 words (1.9 pages)

Essay on Supreme Court Case Romer v. Evans

- In the 1996 Supreme Court case Romer v. Evans, the voters of the state of Colorado approved a second amendment to their state Constitution through a referendum, in order to prevent homosexuals from becoming a protected minority. Before the referendum occurred, many of the major cities in Colorado passed laws prohibiting people to be discriminated against based on their sexuality, including whether or not they are homosexual. The citizens of Colorado who disapprove of homosexuality then created a petition to put the second amendment to a vote, and won with a majority of 53% of the votes....   [tags: second ammendment to Colorado constitution]

Strong Essays
1494 words (4.3 pages)

The First Ammendment and Dealing with the Separation of Church and State

- The First Ammendment and Dealing with the Separation of Church and State Is it unconstitutional for local, state or federal governments to favor one religion over another. Government can show favoritism toward religion by displaying religious symbols in public places at taxpayer expense, by sponsoring events like Christmas concerts, caroling, by supporting the teaching of religious ideas, or even by supporting the teaching of creationism in public schools. It appears the United States government has had a history of favoring Christianity....   [tags: Papers]

Strong Essays
1739 words (5 pages)