Search And Seizure Dbq
comparative Essay
832 words
Search and Seizure 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 …show more content…
A house produces excess heat when the artificial light that simulates sunlight creates a lot of electricity. “...it can also be a great tool to locate abnormal heat signatures [patterns] on and around buildings” (Doc B). The excess heat can be an indicator there is marijuana being illegally grown in the home. The image pictured in Document C shows the greatest amount of heat escaping id for windows and doors. This document helps the federal agents understand the issue better and demonstrates how they came to a conclusion. This image can be used for evidence to indicate where heat is escaping, and how much excess heat there is. The thermal imager only exposes the surface of DLK’s residence. “The thermal imager did not detect private activity in a private place, but instead scanned a surface exposed to public view in order to detect the physical fact of relative heat” (Doc E). This is reasonable and did not reveal any activity inside. Therefore, scanning the home with a thermal imager is reasonable and does not require a …show more content…
Scanning a home using a thermal imager is not a Fourth Amendment search. “The officers’ conduct did not amount to a search and was perfectly reasonable…” (Doc F). The scan was also reasonable, which does not violate the Fourth Amendment. In DLK’s case, nothing was searched, and nothing was seized. “...scanned a surface exposed to public view in order to detect the physical facet of relative heat [escape]” (Doc E). Only the surface was scanned, which everyone in the general public could see. Moreover, the government does not need a warrant to scan the home because using a thermal imager does not oppose the Fourth Amendment. “As such, the imager represented a permissible means for law enforcement to gather information without previously obtaining a warrant” (Doc E). Consequently, the scan does not defy the Fourth Amendment of the
In this essay, the author
- Explains that the fourth amendment to the united states constitution prohibits unreasonable searches and seizures. courts have rules that a warrant is not required in every case.
- Explains that a thermal imager was used to detect heat inside dlk's home which can only allow the federal agents to see excess heat.
- Explains that the fourth amendment states that people have the right to be secure in their homes against unreasonable searches and seizures.
- Explains that the fourth amendment to the united states constitution prohibits unreasonable searches and seizures. courts have rules that a warrant is not required in every case.
- Explains that a thermal imager was used to detect heat inside dlk's home which can only allow the federal agents to see excess heat.
- Explains that the fourth amendment states that people have the right to be secure in their homes against unreasonable searches and seizures.
- Concludes that dlk's privacy was not violated and this does not overrule the fourth amendment.
- Concludes that the government won the case because the suspect was growing marijuana in his home. the scan was reasonable and the fourth amendment was not violated.
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- My Essayanalytical essayThe fourth amendment of the constitution was written as “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”. All this translates to people having the right to privacy and immunity of random inspections from the government, unless the inspector has a credible motive or a warrant. Under the fourth amendment, U.S. citizens possess the benefit of confidentiality. Additionally, citizens cannot be scrutinized nor have their selves and/or property confiscated without the issue of a warrant. Back in September 17, 1787, the framers incorporated this right into the constitution on behalf of the writs of assistance placing those who held one above the law. Anyone who was granted a writ could search and seize a person’s property without justification. For instance, officers could ransack someone’s property without notice or a reason, and tax collectors could use these writs to seize private property. This angered the colonist and led to the American Revolution. Therefore, to prevent these unreasonable searches and seizures, th...
In this essay, the author
- Explains that when the founding fathers composed the u.s. constitution, they contemplated about the various predicaments they had experienced and created the fourth amendment to conserve it.
- Explains that the fourth amendment of the constitution translates to people having the right to privacy and immunity of random inspections from the government, unless the inspector has a credible motive.
- Explains that the government protects our fourth amendment right by allowing anyone who has their right violated to sue the violator.
- Explains that when the founding fathers composed the u.s. constitution, they contemplated about the various predicaments they had experienced and created the fourth amendment to conserve it.
- Explains that the fourth amendment of the constitution translates to people having the right to privacy and immunity of random inspections from the government, unless the inspector has a credible motive.
- Explains that the government protects our fourth amendment right by allowing anyone who has their right violated to sue the violator.
- Argues that the national security agency violates citizens' privacy by recording and analyzing their phone calls. the agency should not intrude on inhabitants' private business, but it has overlooked the fourth amendment.
- Explains that the government limits people's rights by allowing officers to search without warrants if evidence of criminal activity or the product of a crime can be seen.
- Explains that the fourth amendment is one of the most beneficial amendments in the constitution. excluding it would have stripped everyone’s privacy and security.
654 wordsRead More - Is That The Smell of Evidence Being Destroyed?analytical essayThe requirements of a police officer obtaining an impartial Court ordered search warrant have become a little blurred. It will be easier for the police to decide not to obtain a search warrant when they themselves deem that they have probable cause to believe drugs may be in a home. The U.S. Supreme Court has ruled that when the police think they smell marijuana coupled with the sounds of what they believe could be the destruction of evidence, is reason enough for them to gain forced entry into a home without a search warrant while claiming probable cause and exigent circumstances.
In this essay, the author
- Explains deleo, j. (2006). the student's guide to understanding constitutional law. thomson delmar learning.
- Explains the legal definition of 'exigent circumstances'.
- Explains that the u.s. constitution - amendment 4 is available online at usconstitution.net.
- Explains deleo, j. (2006). the student's guide to understanding constitutional law. thomson delmar learning.
- Explains the legal definition of 'exigent circumstances'.
- Explains that the u.s. constitution - amendment 4 is available online at usconstitution.net.
- Argues that the fourth amendment requires a police officer to show sufficient facts that will convince the judge of the necessity of search warrants.
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In this essay, the author
- Opines that the supreme court justice voted in favor of the defendant, joe doe. they ask questions about the legality of lengths government officials go to as not violating the fourth amendment.
- Explains the fourth amendment's prohibition against unreasonable searches and seizures. joe doe was the victim of an illegal seizure of his private conversations without his consent or a proper warrant.
- Explains katz v. united states, 389 us 347 (1967), 354, justice stewart states "the government's activities in electronically listening to and recording the petitioner' s words violated the privacy upon which he relied while using the telephone booth."
- Opines that the supreme court justice voted in favor of the defendant, joe doe. they ask questions about the legality of lengths government officials go to as not violating the fourth amendment.
- Explains the fourth amendment's prohibition against unreasonable searches and seizures. joe doe was the victim of an illegal seizure of his private conversations without his consent or a proper warrant.
- Explains katz v. united states, 389 us 347 (1967), 354, justice stewart states "the government's activities in electronically listening to and recording the petitioner' s words violated the privacy upon which he relied while using the telephone booth."
- Opines that reasonable searches without warrants should only be those which are viewable with the naked eye based on the decision upheld by the courts in california v. ciraolo, 476 us 207.
- Explains that bond v. united states affirms this interpretation when justice says that the property was not necessarily protected from inspection that involves no physical invasion.
- Concludes that mr. doe did not intentionally incriminate himself by exposing his private conversations, and the other participants in his conversations assumed the protection by the fourth amendment.
518 wordsRead More - Dlk's Fourth Amendment Analysisanalytical essayFrom time to time, technology has changed the police and other law enforcement agencies with new devices for gathering evidence. Those new tools has made constitutional questions to arise. “The Fourth Amendment says that you have an expectation of privacy in your home and person.” This amendment protects individuals against unreasonable searches and seizures. In the case of DLK versus the United States, DLK felt his Fourth Amendment rights were violated when law enforcement took thermal images of his home to detect heat without a warrant. Based on this information, law enforcement was able to obtain a warrant and upon finding marijuana growing in his home, he was arrested.
In this essay, the author
- Explains that technology has changed the police and other law enforcement agencies with new tools for gathering evidence. the fourth amendment protects individuals against unreasonable searches and seizures.
- Opines that the government went too far in the case of dlk because law enforcement used a thermal imager to search without warrant, thus violating his fourth amendment rights.
- Explains that dlk's fourth amendment rights were violated because they didn't get a warrant to take thermal images of his home.
- Explains that technology has changed the police and other law enforcement agencies with new tools for gathering evidence. the fourth amendment protects individuals against unreasonable searches and seizures.
- Opines that the government went too far in the case of dlk because law enforcement used a thermal imager to search without warrant, thus violating his fourth amendment rights.
- Explains that dlk's fourth amendment rights were violated because they didn't get a warrant to take thermal images of his home.
- Explains that dlk's fourth amendment rights were violated because a thermal imager was used to take pictures of his home without warrant.
- Argues that new technology is changing the work force, but it also places stress and questions on our country’s fourth amendment.
422 wordsRead More - For one to understand this subject, one must first know what the Fourth Amendment is. The Fourth Amendment is part of the Bill of Rights. It restricts any searches and/or seizures to be performed unless given consent by a person, warrant, or under probable cause. The Fourth Amendment specifically addresses the right for a person to
In this essay, the author
- Explains that the us supreme court has held that when law enforcement entities allow media to be present during the execution of a search warrant, it is in violation of the fourth amendment.
- Explains that the fourth amendment is part of the bill of rights. it restricts searches and/or seizures unless given consent by a person, warrant, or under probable cause.
- Opines that it is not unconstitutional to allow media in on search warrants, since law enforcement needs probable cause and/or a warrant to do so. however, some people may still see it as an invasion of privacy.
- Explains that the us supreme court has held that when law enforcement entities allow media to be present during the execution of a search warrant, it is in violation of the fourth amendment.
- Explains that the fourth amendment is part of the bill of rights. it restricts searches and/or seizures unless given consent by a person, warrant, or under probable cause.
- Opines that it is not unconstitutional to allow media in on search warrants, since law enforcement needs probable cause and/or a warrant to do so. however, some people may still see it as an invasion of privacy.
- Concludes that the fourth amendment becomes overridden when a warrant is obtained. media should be allowed in on search warrants when given express and prior consent from the law enforcement agency.
- Explains that clark, w. (2015), protecting the privacies of digital life: riley v. california, the fourth amendment’s particularity requirement, and search protocols for cell phone search warrants.
357 wordsRead More - 4th Amendment Essayopinion essayImproper search and seizure violates an individual’s 4th Amendment rights to security of person, property and privacy. Riley v. California 573 U.S. (2014).
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- Opines that schools avoid litigation and suits by using common sense and common decency when dealing with their students and employees.
- Explains how riley v. california ruled that cellular phones are protected from unreasonable searches because they are computers and could possess vast amounts of personal data.
- Explains that the constitution of the united states grants each citizen with personal property rights under the 4th amendment.
- Opines that schools avoid litigation and suits by using common sense and common decency when dealing with their students and employees.
- Explains how riley v. california ruled that cellular phones are protected from unreasonable searches because they are computers and could possess vast amounts of personal data.
- Analyzes how new jersey v. t.l.o. paved the way for school policies and procedures that guide schoolteachers and administrators in proper practices for search and seizure.
- Opines that the intent of the united states constitution and the interpretation by the courts reflect the changes in our society and cultures.
- Explains that school systems intentions maximize and encourage learning and personal discipline at all times. individuals are subject to search and seizure when there is reasonable suspicion that the student is breaking board policy, school rules or is endangering others.
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In this essay, the author
- Explains that the fourth amendment protects citizens and corporations from unreasonable searches and seizure.
- Explains that the fourth amendment protects citizens and corporations from unreasonable searches and seizure.
354 wordsRead More - Universal Definition Of Probable Causeexplanatory essayThe officers can obtain a search warrant for the non-suspect home with probable cause. Probable cause is the minimum amount of evidence necessary for a search, seizure or arrest to be proper under the Fourth Amendment (Hall, 2016.) There is no universal definition of probable cause (Hall, 2016.) The definition of probable cause can differ depending on the context (Hall, 2016.)
In this essay, the author
- Explains probable cause is the minimum amount of evidence necessary for a search, seizure or arrest to be proper under the fourth amendment.
- Explains that probable cause is one of the many levels of proof that are used in criminal law. reasonable suspicion is expected to support temporary detentions and frisks, and beyond a reasonable doubt is the standard for convictions.
- Explains probable cause is the minimum amount of evidence necessary for a search, seizure or arrest to be proper under the fourth amendment.
- Explains that probable cause is one of the many levels of proof that are used in criminal law. reasonable suspicion is expected to support temporary detentions and frisks, and beyond a reasonable doubt is the standard for convictions.
151 wordsRead More - Essay On Warantless Searchexplanatory essayThe law specifically states that in order for a warantless search to be conducted, the offical in question must have a valid reason as to why they conducted a warantless search. For example, if a polic officer receives reports that there is a strong scent of marijuana emanting from an induval's home. He or she can conduct a warantless search to veerify the accuracy of the complaint. In a situation like this, if the polic officer finds marijuana, the defendant can bee charged nonetheless. However, if a polic officer randondly searches a home and finds marijunaa, simply because they suspected that the iindvual may have marijuana in said houshold, this in essence would be categorized as an illegal searrch and seizure. Said in simple terms, if the law enforcement official did not havee a justitabble reason as to why they decided to search you or your propertyu without a warrant it is unconsitiaiton and as such
In this essay, the author
- Explains that the fourth amemendent of the united states protects you from unlawful seizures when an unlawful search has been conducted.
- Explains that a defendant can prove that an officer conducted an unreasnoble serach wwithout propbale cause if they can demonstarte that they expected some degree of privacy.
- Opines that it's important to avoid the possibility of utilzing an inexperingd public defend and elect a professioanl legal representative who is fully knwodleable.
- Explains that the fourth amemendent of the united states protects you from unlawful seizures when an unlawful search has been conducted.
- Explains that a defendant can prove that an officer conducted an unreasnoble serach wwithout propbale cause if they can demonstarte that they expected some degree of privacy.
- Opines that it's important to avoid the possibility of utilzing an inexperingd public defend and elect a professioanl legal representative who is fully knwodleable.
- Explains the exclusionary rule, which states that if an unreasonable search was conducted without probable cause, any evidence that was sezed cannot be utilzied as evidence
627 wordsRead More - The Importance Of The Bill Of Rights In The United Statesexplanatory essayThe Fourth Amendment establishes a right that assures the security of the people in their persons, houses, papers, and effects against unconstrained governmental searches and seizures (GRAY 2016). This means that an officer must develop probable cause that a crime has been committed and therefore must acquire a search warrant to conduct a search of a person, houses, papers, and effects. The government must also possess probable cause to seize any person or property. There is a rule that helps discourage the government from violating peoples fourth amendment rights called the exclusionary rule (Bohm & Haley 2012). This rule
In this essay, the author
- Explains that the bill of rights is where one can find most of the procedural or due process rights given to criminal suspects in the united states of america.
- Explains that the fourth amendment establishes a right that assures the security of the people in their persons, houses, papers, and effects against unconstrained governmental searches and seizures.
- Explains that the fifth amendment protects the american people against double jeopardy, self-incrimination, and guarantees that a criminal or defendant does not have to testify against himself.
- Explains that the bill of rights is where one can find most of the procedural or due process rights given to criminal suspects in the united states of america.
- Explains that the fourth amendment establishes a right that assures the security of the people in their persons, houses, papers, and effects against unconstrained governmental searches and seizures.
- Explains that the fifth amendment protects the american people against double jeopardy, self-incrimination, and guarantees that a criminal or defendant does not have to testify against himself.
- Explains that the sixth amendment assures criminal defendants the right to a speedy trial, lawyer, impartial jury, face their accuser, know the evidence against them, and the nature of the charges.
- Opines that the eighth amendment protects criminals or defendants from excessive bails and fines as well as from cruel and unusual punishments.
- Opines that america has a vast number of procedural rights for people that are accused of crimes in order to protect innocent people from being arrested, charged, convicted, or punished for crimes they possibly did not commit.
616 wordsRead More - Civil Rights Vs. Civil Libertiesexplanatory essay3 Like above, using drug-sniffing dogs to check someone’s front yard around their house also requires a search warrant. The fourth amendment of the U.S constitution protects the general public from the unreasonable searches and seizures extending a house’s surrounding or the inside of the house. No police officer can violate this law except in case they break the rule by himself and be a part of a crime.
In this essay, the author
- Explains that civil rights refer to a certain chosen right that are possessed by an individual to prevent them from uneven treatment. civil liberties are those sets of rights secured and imposed from the federal level under the constitution.
- Explains that the courtroom has been judging the civil right and civil liberties based on the ten amendments written in the constitution 1971.
- Explains that terry stop is a lawful stop made by the police officer for reasonable suspicion of the person to be involved in some criminal activity.
- Explains that civil rights refer to a certain chosen right that are possessed by an individual to prevent them from uneven treatment. civil liberties are those sets of rights secured and imposed from the federal level under the constitution.
- Explains that the courtroom has been judging the civil right and civil liberties based on the ten amendments written in the constitution 1971.
- Explains that terry stop is a lawful stop made by the police officer for reasonable suspicion of the person to be involved in some criminal activity.
- Explains that police officers are required to have warrants before they do any kind of searches even if they suspect somebody.
- Explains that using drug-sniffing dogs to check someone’s front yard also requires a search warrant. the fourth amendment of the u.s constitution protects the general public from unreasonable searches and seizures.
- Explains that for dui checkpoints, local law enforcement may or may not have to have a search warrant.
- Explains that profiling is the action of imprisonment, prohibition, or other disparate treatment to an individual on regards of racial status or ethnic status.
- Explains that the supreme court developed the "reasonable suspicion" standard in the terry vs. ohio case.
- Opines that the united states of america has a very good bill of rights for all its residents and citizens.
- Cites pbs' civil rights & liberties: 5 crash course government #23 and legal information institute's terry stop / stop and frisk.
- Explains uslegal's profiling law and legal definition. the supreme court authorized racial profiling.
1171 wordsRead More - Case Study Of Racial Profiling By Police Investigationsexplanatory essayThe issue in this case was on whether or not the police officials had probable cause to search the container in the individual’s car, and if they acted in the correct way when searching it. The court needed to identify if it was necessary for the officers to search the bag at the moment that it was found. The officers were unable to detect the marijuana when the trunk was first opened because it was in the brown bag. In that case, it could be considered the searching of someone’s luggage. A person’s luggage is considered to be more personal than their car because it is hidden from the public. A case brief states,
In this essay, the author
- Explains that the court needed to identify if it was necessary for the officers to search the bag at the moment that its found.
- Explains that the 4th amendment does not require the police to obtain a search warrant when there is probable cause to believe that objects are in the vehicle. the state court in california charged the defendant with possession of marijuana.
- Explains that the court needed to identify if it was necessary for the officers to search the bag at the moment that its found.
- Explains that the 4th amendment does not require the police to obtain a search warrant when there is probable cause to believe that objects are in the vehicle. the state court in california charged the defendant with possession of marijuana.
391 wordsRead More - Essay On Search Incident To Arrestexplanatory essayOne exception to the warrant requirement of the Fourth Amendment is a search incident to a lawful arrest. A search incident to lawful arrest requires a valid arrest as a foundation for conducting a search following an arrest (Ingram, 2009). In this particular type of arrest, a police officer will first begin the process by obtaining full control over an individual. Once the officer obtains full control over the individual he or she will then determine where, when, and how the person will either move from or stay in a particular area (Ingram, 2009). The next move is for the officer, after detaining the individual in question, is to then search the individual to find incriminating evidence. It is important to note that this type of search is actually permitted under the law.
In this essay, the author
- Explains an exception to the warrant requirement of the fourth amendment is a search incident to lawful arrest.
- Explains that the law permits the officer to search the individual, but only searches the area within the immediate domain and control of the arrested individual.
- Explains that the exception to the requirement of the search warrant is based on two rationales. the first is that law enforcement officials need to disarm their suspect before they take him or her into custody.
- Explains an exception to the warrant requirement of the fourth amendment is a search incident to lawful arrest.
- Explains that the law permits the officer to search the individual, but only searches the area within the immediate domain and control of the arrested individual.
- Explains that the exception to the requirement of the search warrant is based on two rationales. the first is that law enforcement officials need to disarm their suspect before they take him or her into custody.
- Explains that a search incident to arrest has been permitted as an exception to the fourth amendment warrant requirement since 1914. this exception was expanded in the case of marron v. united states.
612 wordsRead More