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Fourth Amendment Conclusion
Conclusion: There are circumstances where people find warrants unconstitutional, but the fourth
amendment is ethical through its probable cause, guaranteed privacy, and search warrants. Privacy
to citizens makes them feel comfortable and protected. Without the fourth amendment privacy would
be unavailable, the citizens of america wouldn't feel very
Get more content on HelpWriting.net
The Fourth Amendment Essay
Article VI 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 Preface I choose
the fourth amendment for two reasons: – It recognizes a right that, inevitably, cannot be taken away
from a person. – It was not written out of spite, but out of experience. I personally feel like this is an
issue that, had there not been a provision in the Constitution, would have created some serious issues
with the colonists. The Fourth Amendment...show more content...
This case made people think about reasoning for entering one's home. There were certain
"guidelines" drawn up such as murder in self–defense and the allowance of a Sheriff to enter if the
door is already open). Entick v. Carrington One of the most famous cases that influenced the
Fourth Amendment was that of Entick v. Carrington. This was only one of many civil cases
against officials who raided people's homes and other places in search of materials connected with
John Wilkes' political pamphlets that attack both the government and the King. Mr. Entick, who
was an associate of John Wilkes, sued because agents had entered his house forcefully and broken
into desks and boxes that were locked. They then seized pamphlets, charts, and other printed
materials. The courts decided the warrant gave the officials the right to search and seizure and the
ability to issue a warrant for all a person's papers rather than only those accused of being criminal
''contrary to the genius of the law of England.'' The warrant was said to be invalid because it had no
probable cause and no record was made of what had been seized. The Supreme Court has said this
case is a guide to understanding what the Framers meant when writing the Fourth Amendment.
Putting the Amendment to Use The reasoning for such an amendment was obvious. What the
amendment really expresses are the rights to officials and people alike. An official
Get more content on HelpWriting.net
Fourth Amendment Essay
Fourth Amendment
Ashley J. Peterson
Constitutional Law
Steve Areges
Kaplan University
1/13/2010
Fourth Amendment
The Fourth Amendment is important not only to the citizens but for our law enforcement as well.
The Fourth Amendment is still evolving today, as common and statutory laws change so does our
Fourth Amendment. This amendment has come a long way and will continue to serve us in our
best interests for as long as we live, whether we agree of disagree.
"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...show more
content...
If someone is hanging around a well known crime area then just about everyone there is going to
receive some sort of attention and the police officers will probably keep an eye on them to see if
they are up to something. Police officers go off what they see and hear there isn't any other way to
put that. (Harr, & Hess, pp. 181, 2008).
Once someone reaches a level of reasonable suspicion, police officers are allowed to stop and frisk
the suspects. If they are still thought to be participating in illegal activity it becomes probable cause
and then the suspect will be arrested and interrogated. Due to Miranda rights people have the
opportunity to speak with an attorney before being questioned and may also have one present while
being questioned.
In some cases, such as murder there are some people that have been wrongfully accused. Due to
wrongful practices, people have been convicted of circumstantial evidence. ``DNA is a very
powerful tool . . . but it is circumstantial evidence like other pieces of circumstantial evidence and a
proper investigation still has to take place,'' she said. (Matthew, n.d.).
Circumstantial evidence is probably one of the biggest ethical concerns when people are being
convicted of crimes. Circumstantial evidence is: "Evidence not bearing directly on the fact in
dispute but on various attendant circumstances from which the judge or jury might infer the
occurrence of the fact in dispute". (Dictionay.com, 2010). Many
Get more content on HelpWriting.net
Essay On 4th Amendment
Search and Seizure 4th Amendment Bang Bang "Police open up." You head over to the door and
open it up, the police rush in and start searching your house. They start to go through your kitchen
and open up all your doors. The police can't do that because of the 4th amendment, the 4th
amendment is about search and seizures. The meaning and purpose of the 4th amendment has left an
enduring impact on the U.S economy.
Why The 4th Amendment is Important To The People The 4th amendment is a very important
amendment to the U.S constitution. According to kids.laws.com "If the government or any law
enforcement official wants to take something of yours,he or she must have a very good reason to do
that and must get permission to perform the search from...show more content...
They cuffed him and put him in a squad car, they tried kicking down his door, a police officer came
to him and requested his keys that he had on his belt loop. After the second time of asking him for
his keys the officer said that he could search without a warrant and took his keys. The officers
entered his house without his consent or a warrant, As they were searching his house the officers
found two medium sized gun safes. The dispatcher had told them about how many firearms were
legally owned by the owner. They used the owner's keys to open the safes and they found 8 guns,
one of the guns was a m14 with certain modifications, one of the officers said he want this exact
gun. After a few minutes of searching the rest of the house and unloading every firearm found
they took them and kept the firearms for "safekeeping." To this day the owner of the property still
hasn't gotten back all his firearms he got back 10 of them he is still missing 4 including the one the
officers said that he wanted for his own. All the officers who were there on scene haven't been
charged with anything for violating the owner's 4th amendment right. The writer of this story said
"Bear in mind: The man has done nothing illegal at all. All of the weapons that they seized were
legally registered. And they were executing an
Get more content on HelpWriting.net
Fourth Amendment Essay
The Fourth Amendment of the Constitution holds grave importance for the citizens of the United
States of America. This amendment of the Constitution is exceptionally important due to the fact,
that it protects citizens from unreasonable searches or seizures. However, the phrase, "reasonable
expectation of privacy" is a different aspect that is pertinent to the evolution of the Fourth
Amendment, and Riley v. California. To dissect this phrase, reasonable is the important aspect here,
this is where the court must decide what is and what is not reasonable, in relation to the Fourth
Amendment. Privacy, on the other hand, seems to be defined inadequately. (Baude & Stern, 2016).
Within this, importance comes from the actual warrant requirement...show more content...
So, the drastically important question is, do officers have the right to search the data components
of an arrested individual's cellular device without a warrant? Second, can this warrantless
information be used in court to find the defendant guilty of a crime (David Leon Riley, v.
CALIFORNIA, UNITED STATES, v. BRIMA WURIE, 2014)? The extent of this problem is
exhibiting startling cases involving similar issues. According to a Boston Law Review, this is
certainly not the first case to be presented to the Court that questions the integrity of searches and
seizures of cellular devices. Warrantless searches have actually been legal under the Fourth
Amendment for roughly sixty years. While this may sound astonishing, smartphones were not
around for most of this time–frame. In 2013, United States v. Wurie was a case that preceded Riley
v. California with its own unique set of factors, while still remaining prevalent to the issue at
hand. Within the case of United States v. Wurie, a cellular device was searched upon arrest,
which sounds oddly comparable to the case presented. So, in this case, the court held that even
though there was a legal search and arrest, this did not warrant a seizure of the Wurie's cellular
device. This was considered to be invasive, and negated an individual's expectation of privacy
(O'Connor, 2013). However, the extent of the problem does not just end at the seizure of the cellular
device, and
Get more content on HelpWriting.net

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4Th Amendment Essay

  • 1. Fourth Amendment Conclusion Conclusion: There are circumstances where people find warrants unconstitutional, but the fourth amendment is ethical through its probable cause, guaranteed privacy, and search warrants. Privacy to citizens makes them feel comfortable and protected. Without the fourth amendment privacy would be unavailable, the citizens of america wouldn't feel very Get more content on HelpWriting.net
  • 2. The Fourth Amendment Essay Article VI 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 Preface I choose the fourth amendment for two reasons: – It recognizes a right that, inevitably, cannot be taken away from a person. – It was not written out of spite, but out of experience. I personally feel like this is an issue that, had there not been a provision in the Constitution, would have created some serious issues with the colonists. The Fourth Amendment...show more content... This case made people think about reasoning for entering one's home. There were certain "guidelines" drawn up such as murder in self–defense and the allowance of a Sheriff to enter if the door is already open). Entick v. Carrington One of the most famous cases that influenced the Fourth Amendment was that of Entick v. Carrington. This was only one of many civil cases against officials who raided people's homes and other places in search of materials connected with John Wilkes' political pamphlets that attack both the government and the King. Mr. Entick, who was an associate of John Wilkes, sued because agents had entered his house forcefully and broken into desks and boxes that were locked. They then seized pamphlets, charts, and other printed materials. The courts decided the warrant gave the officials the right to search and seizure and the ability to issue a warrant for all a person's papers rather than only those accused of being criminal ''contrary to the genius of the law of England.'' The warrant was said to be invalid because it had no probable cause and no record was made of what had been seized. The Supreme Court has said this case is a guide to understanding what the Framers meant when writing the Fourth Amendment. Putting the Amendment to Use The reasoning for such an amendment was obvious. What the amendment really expresses are the rights to officials and people alike. An official Get more content on HelpWriting.net
  • 3. Fourth Amendment Essay Fourth Amendment Ashley J. Peterson Constitutional Law Steve Areges Kaplan University 1/13/2010 Fourth Amendment The Fourth Amendment is important not only to the citizens but for our law enforcement as well. The Fourth Amendment is still evolving today, as common and statutory laws change so does our Fourth Amendment. This amendment has come a long way and will continue to serve us in our best interests for as long as we live, whether we agree of disagree. "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...show more content... If someone is hanging around a well known crime area then just about everyone there is going to receive some sort of attention and the police officers will probably keep an eye on them to see if they are up to something. Police officers go off what they see and hear there isn't any other way to put that. (Harr, & Hess, pp. 181, 2008). Once someone reaches a level of reasonable suspicion, police officers are allowed to stop and frisk the suspects. If they are still thought to be participating in illegal activity it becomes probable cause and then the suspect will be arrested and interrogated. Due to Miranda rights people have the opportunity to speak with an attorney before being questioned and may also have one present while being questioned. In some cases, such as murder there are some people that have been wrongfully accused. Due to wrongful practices, people have been convicted of circumstantial evidence. ``DNA is a very powerful tool . . . but it is circumstantial evidence like other pieces of circumstantial evidence and a proper investigation still has to take place,'' she said. (Matthew, n.d.). Circumstantial evidence is probably one of the biggest ethical concerns when people are being convicted of crimes. Circumstantial evidence is: "Evidence not bearing directly on the fact in dispute but on various attendant circumstances from which the judge or jury might infer the occurrence of the fact in dispute". (Dictionay.com, 2010). Many Get more content on HelpWriting.net
  • 4. Essay On 4th Amendment Search and Seizure 4th Amendment Bang Bang "Police open up." You head over to the door and open it up, the police rush in and start searching your house. They start to go through your kitchen and open up all your doors. The police can't do that because of the 4th amendment, the 4th amendment is about search and seizures. The meaning and purpose of the 4th amendment has left an enduring impact on the U.S economy. Why The 4th Amendment is Important To The People The 4th amendment is a very important amendment to the U.S constitution. According to kids.laws.com "If the government or any law enforcement official wants to take something of yours,he or she must have a very good reason to do that and must get permission to perform the search from...show more content... They cuffed him and put him in a squad car, they tried kicking down his door, a police officer came to him and requested his keys that he had on his belt loop. After the second time of asking him for his keys the officer said that he could search without a warrant and took his keys. The officers entered his house without his consent or a warrant, As they were searching his house the officers found two medium sized gun safes. The dispatcher had told them about how many firearms were legally owned by the owner. They used the owner's keys to open the safes and they found 8 guns, one of the guns was a m14 with certain modifications, one of the officers said he want this exact gun. After a few minutes of searching the rest of the house and unloading every firearm found they took them and kept the firearms for "safekeeping." To this day the owner of the property still hasn't gotten back all his firearms he got back 10 of them he is still missing 4 including the one the officers said that he wanted for his own. All the officers who were there on scene haven't been charged with anything for violating the owner's 4th amendment right. The writer of this story said "Bear in mind: The man has done nothing illegal at all. All of the weapons that they seized were legally registered. And they were executing an Get more content on HelpWriting.net
  • 5. Fourth Amendment Essay The Fourth Amendment of the Constitution holds grave importance for the citizens of the United States of America. This amendment of the Constitution is exceptionally important due to the fact, that it protects citizens from unreasonable searches or seizures. However, the phrase, "reasonable expectation of privacy" is a different aspect that is pertinent to the evolution of the Fourth Amendment, and Riley v. California. To dissect this phrase, reasonable is the important aspect here, this is where the court must decide what is and what is not reasonable, in relation to the Fourth Amendment. Privacy, on the other hand, seems to be defined inadequately. (Baude & Stern, 2016). Within this, importance comes from the actual warrant requirement...show more content... So, the drastically important question is, do officers have the right to search the data components of an arrested individual's cellular device without a warrant? Second, can this warrantless information be used in court to find the defendant guilty of a crime (David Leon Riley, v. CALIFORNIA, UNITED STATES, v. BRIMA WURIE, 2014)? The extent of this problem is exhibiting startling cases involving similar issues. According to a Boston Law Review, this is certainly not the first case to be presented to the Court that questions the integrity of searches and seizures of cellular devices. Warrantless searches have actually been legal under the Fourth Amendment for roughly sixty years. While this may sound astonishing, smartphones were not around for most of this time–frame. In 2013, United States v. Wurie was a case that preceded Riley v. California with its own unique set of factors, while still remaining prevalent to the issue at hand. Within the case of United States v. Wurie, a cellular device was searched upon arrest, which sounds oddly comparable to the case presented. So, in this case, the court held that even though there was a legal search and arrest, this did not warrant a seizure of the Wurie's cellular device. This was considered to be invasive, and negated an individual's expectation of privacy (O'Connor, 2013). However, the extent of the problem does not just end at the seizure of the cellular device, and Get more content on HelpWriting.net