Fourth Amendment Exceptions

2959 Words6 Pages

The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v. Greenwood (1988) which deal directly with the question of whether a person can have reasonable expectations of privacy as provided for in the fourth amendment with regards to objects in an open field or in plain view.
The differentiation between open fields and private property must be made before one can proceed to form an opinion regarding the constitutionality of a warrantless search of an open field. Oliver v. United States is a case in which police officers, acting on reports from neighbors that a patch of marijuana was being cultivated on the Oliver farm, entered on to private property ignoring “No Trespassing” signs, and on to a secluded open portion of the Oliver property without a warrant, discovered the marijuana patch and then arrested Oliver without an arrest warrant. The Maine Judicial Court held that “No Trespassing” signs posted around the Oliver property “evinced a reasonable expectation of privacy,” and therefore the court held that the “open fields” doctrine was not applicable to the Oliver case.
Upon hearing the case, the Supreme Court argues that the special protections accorded by the fourth amendment do not extend to open fields. “Open fields do not provide the setting for those intimate activities that the Amendment is intended to shelter from government interference or surveillance.” The court refers to the case of Hester v. United States (1924) which set the precedent for “open field cases” and interprets that case to imply that “an individual may not legitimately demand privacy for activities conducted out of doors in fields, except in the area immediately surrounding the home.” The patch of marijuana being no where near the Oliver home, and in an open field, regardless of its visibility from public access, left the court affirming Oliver v. United States, and reversing the case of Thornton v. Maine, and in essence reaffirming that

Show More
Related

  • Vernonia School District V. Acton

    1088 Words  | 3 Pages

    The Supreme Court had to decide on the question of, does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment? 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, 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.

    Read More

  • Fourth Amendment

    1026 Words  | 3 Pages

    In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.

    Read More

  • The History of the Roman Republic: From Beginning to Decline

    903 Words  | 2 Pages

    One factor that made Rome so great was its geography; it is located in Italy which is a peninsula that is located in the middle of the Mediterranean. Rome lies on the Tiber River which aided trade. Rome has two mountain ranges the Alps and the Apennine, which helped protect the country. Once Rome declared their independents from the Etruscans they created their own constitution. This constitution created a series of checks and balances. They formed a government for the public that was divided into three branches, the magistrate, the senate and the assemblies. The magistrate’s were elected officials in ancient Rome who took over the power and ran the government from day to day. The magistrates had two limits, the first being the Principle of Collegiality, which was the idea that no 1 person was ever going to have complete control. The second limit was that a person could only have one year in console. The senates were most important. They were made up of influenced families and citizens in Rome. They passed no law but just offered their opinions to people, opinions everyone listened to. The only two things that involved the senate were money and war. Assemblies were composed of all Roman citizens. Th...

    Read More

  • Importance Of The 4th Amendment

    1407 Words  | 3 Pages

    A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.

    Read More

  • Elements Of Fourth Amendments

    1139 Words  | 3 Pages

    The purpose of the Amendments was to protect people from being harmed or taken advantage of by various government groups. For each Amendment, is to outline the rights of people and an individual crime or issue and on the ways it can be handled. Many of the Amendments are there to protect the life, liberty, and safety of citizens. The Fourth, Fifth, Sixth, and Fourteen Amendments are all related to each other in the assuring the rights are adequately given to those individuals who are faced with criminal activities.

    Read More

  • How Does Popular Culture Influence Pop Culture

    2096 Words  | 5 Pages

    One movie that stands out in particular to me is the Disney movie, The Beauty and the Beast. I watched this movie as a child and loved it. However, looking at it today it sends me a different message. In the story the main character Belle is taken prisoner by the Beast, who is very aggressive, temperamental, and controlling. Belle ends up falling love with the Beast, but I did some research on this and there are many theories that say Belle shows similar symptoms to Stockholm Syndrome. This is where a victim starts to have feelings and affection for their captor. My problem with The Beauty and the Beast, is it targets young girls and teaches them that it’s okay to stay with someone and put up with their temper and aggression as long as you love them. This again is promoting a culture where domestic violence and abuse are okay. Another popular movie today that serves as a good example would be The Twilight Saga. In the movies the main character Bella falls in love with a vampire and because of this many awful life threatening things happen to her. Bella is so obsessed over Edward, the vampire, that when he leaves her, she shuts down into a spiral of depression. This also targets young girls and makes them think they have to have a man in their life. This is a huge problem because women in abusive relationships often find it very hard to leave their partner. So if women take the advice given to us

    Read More

  • Four Freedoms

    2334 Words  | 5 Pages

    Ramsis #53 Mon. 4:00-6:40 History 110 Nobiletti 12/12/13 Four freedoms 11 months before the United States of America would declare war on Japan, President Franklin D. Roosevelt delivered a speech to the American people known as the “four freedoms” on January 6, 1941.1 The main purpose of this speech was to rally support to enter World War 2, however in order to declare war the United States of America had to abandon the isolationist policies that emerged out of WWI. These four freedoms would establish human rights after the war, but more importantly they would resonate throughout the United States for decades after the war. Some of these freedoms have remained the same, and some of these freedoms have changed throughout the years. We will be looking at three periods and comparing how the freedoms varied from each of the three periods.

    Read More

  • History of the Roman Empire

    1152 Words  | 3 Pages

    Roman Empire, political system established by Rome that lasted for nearly five centuries. Historians usually date the beginning of the Roman Empire from 27 bc when the Roman Senate gave Gaius Octavius the name Augustus and he became the undisputed emperor after years of bitter civil war. At its peak the empire included lands throughout the Mediterranean world. Rome had first expanded into other parts of Italy and neighboring territories during the Roman Republic (509-27 bc), but made wider conquests and solidified political control of these lands during the empire. The empire lasted until Germanic invasions, economic decline, and internal unrest in the 4th and 5th centuries ad ended Rome’s ability to dominate such a huge territory. The Romans and their empire gave cultural and political shape to the subsequent history of Europe from the Middle Ages and the Renaissance to the present day.

    Read More

  • Should Student-Athletes Be Paid?

    1960 Words  | 4 Pages

    College athletes are undoubtedly some of the hardest working people in the world. Not only are they living the life of an average student, they also have a strenuous schedule with their specific sport. One of the most discussed topics in the world of college athletics is whether or not student-athletes should be paid money for playing sports. The people who disagree with the idea have some good arguments to make. Primarily that the athletes get to go to school for free for playing sports. Another argument is that if student-athletes were to get paid then it would ruin the amateurism of college sports. People who are against paying the athletes do not want to see the young people become focused on money. “Paying student-athletes would dramatically shift their focus away from where it should be - gaining knowledge and skills for life after college” (Lewis and Williams). This is very understandable because one of the biggest reasons college sports are so popular is because the athletes play for school pride and for bragging rights. They play because they enjoy the game, not because it is their job. Most people that disagree with the idea of paying the athletes fail to realize what really goes on behind the scenes. At most Universities around the country the bulk of the income the school receives is brought in through the athletic programs. In fact the football and basketball teams usually bring in enough money to completely pay for the rest of the athletic programs all together. To get a better understanding of how much has changed in the world of college sports a little history must be learned.

    Read More

  • The Strengths And Weaknesses Of The Roman Empire

    1322 Words  | 3 Pages

    There were several strengths of the Roman Empire which enabled it to survive for more than four hundred years. These strengths included a strong foundation, having been built off of the Roman Republic; the standardization across the empire of many aspects of life, such as language, law, and especially the extension of citizenship, which made the empire more cohesive and easier to rule; and strong leaders, who were able to utilize the manipulation of the upper class and Senate, and the management of the military.

    Read More

  • The Rome Republic: The Success Of The Roman Republic

    1230 Words  | 3 Pages

    The Roman Republic had an upstanding infrastructure, a stable social system, and a balanced constitution that solidified Rome’s greatness. Regardless of its achievements, however, the Roman Republic owes much of its success to classical Greek cultures. These cultures, in conjunction with the fundamental values of Roman society, certified Rome as one of the most significant powers the world has ever seen.

    Read More

  • Why Do Student Athletes Get Paid?

    1601 Words  | 4 Pages

    ESPN college basketball analyst and former Duke basketball player Jay Bilas once said, “For what reason do we limit athletes, and athletes only, in this multibillion-dollar business?”. The reason for his strong opinion is because there has been an ongoing discussion on whether or not college athletes should receive compensation for the sports that they play. The NCAA’s justification for why student athletes aren’t paid is that they believe that the real compensation is benefitting from academics and being able to receive major professional sports contracts for their efforts. “Rather than push college athletics further and further from academics, we need to bring it closer.”, said NCAA president Mike Emmert, who backs up the explanation set up by the NCAA. While many still consider college

    Read More

  • Should College Athletes Get Paid Essay

    1118 Words  | 3 Pages

    College athletes have gained a lot of popularity among Americans in the past few decades. This has resulted with an increasing revenues for National Collegiate Athletic Association (NCAA), and not just NCAA but the colleges as well. However, one side is not getting any profit, and that side is college athletes. College and basketball programs earn billions of dollars each year through marketing, broadcast contracts, ticket sales and merchandising. The March Madness basketball tournament alone earns more than $1 billion each year in ad revenues, far more than the Superbowl. Schools and the (NCAA) both benefit tremendously from the windfall, as do coaches, many of whom are paid more than a million dollars each year. But the athletes themselves? They do not get a penny. The question becomes, why should they get paid? Reasons for they are; they spent tremendous time on practices, they struggle to earn

    Read More

  • College Athletes Deserve Compensation

    856 Words  | 2 Pages

    Many people view college athletics as a pastime, not a profession, and paying athletes would make these sports seem like a profession, not just a representation of the school (Sobocinski 289). The NCAA, and others who oppose compensation, believe in amateurism, the idea that college students should focus on academics first and athletics second (Amateurism 1). Also, they think student athletes are already receiving fair compensation for their work. College athletes receive full scholarships that cover tuition, fees, and books (How 1). Furthermore, these scholarships are granted for at least one year, in case a student suffers a sports injury, the student does not play as well as expected, or the coaching staff is changed (How 1). Some people argue that full athletic scholarships are enough ...

    Read More

  • Should Celebrities Have Their Right to Privacy?

    1573 Words  | 4 Pages

    In September 25, 1789, the First Amendment protects people’s privacy of beliefs without government intrusion. The Fourth Amendment protects one’s person and possessions from unreasonable searches and seizures. On February 1, 1886 in Boyd v. U.S. Supreme Court recognized the protection of privacy interests under the Fourth and Fifth Amendments of the U.S. Constitution. In the 1890s, the legal concept of pr...

    Read More

More about Fourth Amendment Exceptions

Open Document