There are many amendments that are violated every day, the people of the United States should not have to worry about their rights being violated. The right of the people to be secure is the most important right out of all of them due to the fact that the United States has the most freedom out of the world. When the colonist first settled in America, every house was known as the man’s castle. Which this was demonstrated in the Semayne’s case in 1603. This was a case that recognized the right of a homeowner to defend their house against unlawful entry, even if it was the king's agents. In the case Entick v. Carrington, which was civil actions against state officers had a warrant to raid many homes and other places to search for materials connected with John Wikes’ speech attacking the the government policies and the king. Wilkes sued the king’s agents because they had broken into his house, broken into locked desks and boxes, and seized many printed …show more content…
In the case, Utah v. Strieff, The Salt lake police got an anonymous tip of a house with drug activity. They sent an officer to monitor the house and the officer became suspicious due to the fact that many people were going in and out of the house. Edward Strieff was saw leaving the house and the officer stopped him at a convenience store. The officer asked him for his I.D., and arrested Streff because he had a “small trafficking warrant.” When the officer arrested him, they searched Strieff and found drugs in his pocket. The state of Utah agreed that this stop was illegal because it was based on only the officer's suspicion. The state also argued that the discovery of the valid warrant got around the fourth amendment. “This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants — even if you are doing nothing wrong”, said Justice Sonia
The Patriot Act violates many of the amendments in the Bill of Rights. The First Amendment, for example, gives American citizens freedom of speech, press, and religion. The Patriot Act allows the government to monitor the religious and political papers and institutions of citizens that are not even reasonable suspects for criminal activity. Church,
Facts: On November 2006 the Miami-Dade police department received an anonymous tip that the home of Joelis Jardines was been used to grow marihuana. On December 2006 two detectives along with a trained drug sniffing dog approached Jardines home. At the front door the dog signaled for drugs, as well as the detective who smelled the marihuana coming from inside. Detectives then wrote an affidavit and obtained a search warrant that confirmed the growth of marihuana in Jardine’s home. Jardines was then charged for drug trafficking. Jardines then tried to suppress all evidence and say that in theory during the drug sniffing dog was an illegal search under the 4th amendment. The trial courts then ruled to suppress all evidence, the state appellate courts then appealed and reversed, the standing concluding that there was no illegal search and the dog’s presence did not require a warrant. The Florida supreme court then reverse the appellate court’s decision and concluded that a dog sniffing a home for investigativ...
Overall this was a great case to read. Arizona v. Hicks held that the 4th Amendment requires the police to have probable cause to seize items in plain view. Again the major facts of this case were that the police had initial entry into Hick’s apartment. Even though it took place without a warrant.
Harris" while the defendant Harris refuse permission to search his car, the sniff dog alerted the officer in charge about the controlled substance in the car handle which stands for a probable cause (Constitution Daily, Folrida v. Harris). With the above three case in mind, one can conclude that the IV Amendment is as easy to violate as easily as it protects the citizen. Sniff dogs are one of many other cases that has contributed to the questioning the IV Amendment along with racial profiling. Another major issue that has kept the controversy of 'unreasonable search and seizure ' is the use of GPS Surveillance on a suspect vehicle. 'United States v. Jones ' the case where judge ruled the evidence obtained were by usurping Jones, hence not acceptable in the court. Jones was arrested by the use of GPS to track his activity for a month, without judicial approval (Body Politic, United States v. Jones). Since the fourth amendment provides protection for search and trespass, the method was direct violation of the constitutional right and Jones was set free from all the charges. Although Jones was found in possession of drugs and should be behind bars, officials should have followed proper protocol to rightfully arrest him. People like Jones should be punished, but being protected by the constitution the proper procedure must be
The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, 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 searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine.
The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief
Privacy comes at a cost. It brings people who fight for the people the privacy of others when it is violated together. Cops not being able to search when they seize a cell phone makes them risk their lives because how people these days are, there could be bombs in the phone. Even though this amendment was ratified, people to this day still don’t have privacy they rightfully deserve. This effects me because I’m able to keep special information to myself. Also, if a police pulls over a family member and ask for their phone to investigate without giving a proper reason or having a warrant, that family member could say no. If a police hasn’t given you a good reason to hand something over, you have the right to resist or else the police are being unconstitutional. This amendment gives people the safety to do what they want(that’s legal). It also makes life better, but harder. Life is harder with this amendment because you have to watch out for who you trust that they won’t do anything to jeopardize your safety. This is relevant because a man in Indiana was tracked down by a GPS. It didn’t violate his 4th Amendment because the police got a warrant to put a tracking device in his mom’s car. This case represents how technology gives advantages and disadvantages. An advantage was that they were able to track him down for a burglary. The disadvantage would be that if they hadn’t gotten a warrant, he could have filed a lawsuit against
The New York City Police Department enacted a stop and frisk program was enacted to ensure the safety of pedestrians and the safety of the entire city. Stop and frisk is a practice which police officers stop and question hundreds of thousands of pedestrians annually, and frisk them for weapons and other contraband. Those who are found to be carrying any weapons or illegal substances are placed under arrest, taken to the station for booking, and if needed given a summons to appear in front of a judge at a later date. The NYPD’s rules for stop and frisk are based on the United States Supreme Courts decision in Terry v. Ohio. The ruling in Terry v. Ohio held that search and seizure, under the Fourth Amendment, is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest. If the police officer has a “reasonable suspicion that the person has committed, is committing, or is about to commit a crime” and has a reasonable belief that the person "may be armed and presently dangerous”, an arrest is justified (Terry v. Ohio, 392 U.S. 1, at 30).
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
“Many opponents have come to see the patriot act as a violation of the fourth amendment to the U. S constitution.” (Belanger, Newton 2). The side effect of the patriot act is that it weakens many rights. This act weakens the fourth amendment which is our privacy protection. The fourth amendment allows citizens to be protected from unreasonable searches without a warrant. The police search suspects mainly because of their race or ethnic group.
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.” –U.S. Constitutional Amendments
There are a number of reasons why this freedom needs to be protected. The number one and most important is to keep the individuality of the American people from becoming controlled by the Government.
The First Amendment is crucial in protecting the five fundamental freedoms: freedom of speech, freedom of the press, freedom of religion, freedom of petition, and freedom of assembly. The Fourth Amendment is significant for it protects the individual’s privacy from the government and from government harassment. The Sixth Amendment is valuable since it provides the legal framework of the criminal legal system and to protect the accused person from abuse of power. Of all the Amendments of the Bill of Rights, the First Amendment, the Fourth Amendment and the Sixth Amendment are the most
Three police officers were looking for a bombing suspect at Miss Mapp’s residence they asked her if they could search her house she refused to allow them. Miss Mapp said that they would need a search to enter her house so they left to go retrieve one. The three police officers returned three hours later with a paper that they said was a search warrant and forced their way into her house. During the search they found obscene materials that they could use to arrest her for having in her home. The items were found in the basement during an illegal search and seizure conducted in violation of the Fourth Amendment of the United States Constitution and therefore should not admissible in court.
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. A warrant, a legal paper authorizing a search, cannot be issued unless there is a reasonable cause. Courts have rules that a warrant is not required in every case. In emergencies such as hot pursuit, public safety, danger of loss of evidence, and permission of the suspect, police officers do not need a warrant to search a person’s property (Background Essay). In the case of DLK, federal agents believed DLK was growing marijuana in his home. Artificial heat intensive lights are used to grow the marijuana indoors (Doc B). Agents scanned DLK’s home with a thermal imager. Based on the scan and other information, a judge issued