... middle of paper ...
...er than the fourth amendment. These amendments were not created to tell us our rights; they were created to tell the officers what they can and cannot do when enforcing the law.
• "Fourth Amendment." LII / Legal Information Institute. N.p., n.d. Web. 8 Apr. 2014.
• Slobogin, C. (2012). What Is the Essential Fourth Amendment?. Texas Law Review, 91(2), 403-417.
• "What Does the Fourth Amendment Mean?." USCOURTSGOV RSS. N.p., n.d. Web. 9 Apr. 2014.
• Worrall, John L.. Criminal procedure. Upper Saddle River, N.J.: Pearson Education, 2013. Print.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Abstract The United States Constitution contains basic rights, and some of those rights are the First Ten Amendments, that are known as Bill of Rights. In the Bill of Rights, the Fourth Amendment protects the people from unreasonable search, seizure and arrest. This paper will explore the history of the Fourth Amendment from the beginning until it was incorporated in the Bill of Rights, arrests, searches, exclusionary rule, warrant requirements, the fruit of the poisonous tree and what it is the USA Patriot Act.... [tags: Fourth Amendment to the United States Constitution]
1997 words (5.7 pages)
- Reasonable suspicion can be found in the first clause of the Fourth Amendment (Siegel, 2012). It is considered the evidence necessary to prove that a crime has been committed (Siegel, 2012). There is not an exact minimum needed, however Justices have figured it has to fall below the evidence necessary to prove beyond a reasonable doubt of guilt needed in a trial (Siegel, 2012). This part of the Fourth Amendment is also included in the foggy understanding. There is a bias towards how this clause should be read and understood (Bloom, 2003).... [tags: legal procedure, reasonable doubt]
1278 words (3.7 pages)
- The idea of having a criminal law, procedure and a proper court system has been a concern and must in the United States since it was first founded. This concept is always under consistent speculation and undergoes changes almost every year. One of the most influential pieces included into the procedure of criminal law and the court system is the Bill of Rights. The Bill of Rights was created by the representatives of America to not only enforce the idea of substantive law, but also create a framework for the rights of every day Americans.... [tags: criminal justice system, bill of rights]
836 words (2.4 pages)
- The due process and crime control models, both created by Stanford University law professor Herbert Packer, represents two opposing method of principles functioning within criminal justice system. Although the models describe the important facets of the politics and practice of criminal justice, both have been criticized since presented by Packer in 1964. Presently both models are acknowledged as imperfect standards to explain the politics and law of criminal justice. The crime control ideal represents traditional principles, whereas the due process belief reflects moderate values; therefore generating conflict evident throughout the years.... [tags: Criminal Justice ]
1407 words (4 pages)
- The criminal procedure has many aspects that can protect people’s rights from illegal practices of the law. Just to name a few of the aspects of the criminal procedures; the fourth amendment states that a citizen is secure in their home and property from unreasonable search and seizure. Another aspect and the aspect that I will be talking about in this paper is the exclusionary rule. The exclusionary rule bans introduction of “good” evidence obtained by “bad” law enforcement. This basically means that evidence that could be used that would otherwise determine that the defendant was/is guilty is inadmissible due to bad police conduct.... [tags: exlcusionary, rule, evidence, enforcement]
524 words (1.5 pages)
- The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, 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 Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure.... [tags: United States Constitution]
733 words (2.1 pages)
- As a republic, Puerto Rico has a government that exercises political control over its citizens. As with any republic, a social contract exists between government and citizens in which citizens give up certain freedoms in order to enjoy the protection and comforts that a functioning government can provide. As a U.S. territory, Puerto Rico shares our three branches of government: legislative, executive, and judicial. Focusing on the judicial branch, one must look at the criminal justice system, which consists of policing, courts and corrections.... [tags: Criminal Justice]
1973 words (5.6 pages)
- In chapter seven, Joel Samaha discusses a wide range of special need searches. Special-needs searches are generated by government interest in the public setting. According to Samaha, special-needs searches consist of four characteristics: 1. they’re directed at people generally, not criminal suspects and defendants specifically, 2. they can result in criminal prosecution and conviction, 3. they don’t require warrants or probable cause, 4. their reasonableness depends on balancing special government needs against invasions of individual privacy.... [tags: Fourth Amendment to the US Constitution]
1663 words (4.8 pages)
- On the afternoon of May 23rd, 1957 police officers stormed the apartment of Dollree Mapp, an employee of illegal gambling rackets linked to Cleveland kingpin Shon Birns, after hearing from an anonymous tip that a suspect in a bombing and information on illegal betting documents and equipment was in her home. The illegal material was believed to be employed in a numbers racket maintained by Mapp’s boyfriend Edward Keeling. Police officers asked to enter Mapp’s home, but were refused after Mapp contacted her lawyer who advised her to not allow them without a warrant.... [tags: Fourth Amendment to the US Constitution]
1342 words (3.8 pages)
- The ‘exclusionary rule’ was created to put under limitations the Federal officials and United States courts as they exercise their powers and authority. Additionally, it is in place to see that people maintain their own privacy and rights guaranteed in the Fourth Amendments. It also allows people to secure their premises, person, papers and other effects from unwarranted and unreasonable searches and seizures under the pretense of law. The United States constitution does not allow or tolerate police searches and seizures without warrants and therefore illegal searches and seizure unless there is a good reason for it.... [tags: Supreme Court, fourth ammendment]
1979 words (5.7 pages)
- Samuel Taylor Coleridge’s The Rime of the Ancient Mariner
- The Woman Warrior: Memoirs of a Girlhood Among Ghost
- Principles of Software Engineering Questions and Answers
- Classism in The Great Gatsby and A Streetcar Named Desire
- Minorities in College: Sports Should NOT Be the Only Avenue to Success
- Why Farmers Utilize Suboptimal Methods