Arguments Against The 4th Amendment

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The Fourth Amendment of the United States Constitution states that is a natural right of man to be protected random searches and seizures, programmed by the government. It also implements the idea of the right to privacy, and involves the uses of warrants, a method used by the British known as “writs of assistance. Although the Fourth Amendment protects persons’ rights against unreasonable searches and seizures, it also protects their undisclosed right to privacy. The right to privacy is sprinkled throughout the Bill of Rights, but it is most prevalent in the Fourth Amendment. The Fourth Amendment also has a major impact in the Supreme court rulings of Mapp v. Ohio, New Jersey v. T.L.O, Verona School District v. Acton, Weeks v. United States, and Safford Unified School District v. Redding. These rulings have set precedent for cases involving the Fourth Amendment since the early 1900s. The Fourth amendment was originally added in the Bill of Rights during the Constitutional Convention of 1787. The ideological background of the amendment is constructed by the idea that there is a natural right of freedom from certain …show more content…
Acton does not take the route of reasonable suspicion, but more down the right to privacy, although, it is still involved with the rights of student in public schools. In this Supreme Court case, James Acton refuses to comply with the Schools new policy on drug tests. Their policy included a rule that made them take a drug test if they wanted to participate in school sports. When Acton refused to cooperate with the policy, he was denied participation in football. Eventually the case caught the attention of the Supreme Court, bringing up the question: Does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment? The Supreme Court voted against Acton. The school’s supervision of students overrides students’ protection of intrusion by school

Arguments Against The 4th Amendment

The 4th amendment is about privacy and protection from search and seizure, and when search and seizure is permitted. Even with the protections and restrictions that the 4th amendment puts on searches being reasonable and for a probable cause, the majority of search and seizures are performed on young people of color. even when they make up less of the population, proving a clear racial bias by police officers. The fourth amendment supports search and seizure under probable cause and affirmation…

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Supreme Court Case: Mapp V. United States

based her argument on First Amendment grounds, arguing she had a right to possess the explicit material. When the case reached the Supreme Court, they did not address her First Amendment claim but nullified her conviction for another reason. The court said that the evidence used against Mapp should never have been admitted in trial because it was seized without a legitimate warrant which violated her Fourth amendment rights. The Court addressed concerns of Mapp’s 4th Amendment protection against “unreasonable…

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Essay about Collection of DNA Without Consent

long it can be kept, and can it be used to match against other crimes within the scope of similar crimes. Without Consent Collection In 2009 the Supreme Court of the United States (SCOTUS) refused to hear the arguments of one Glenn Raynor who was convicted of rape and sentenced to 100 years after DNA collected from a chair he was sitting in was gathered without his consent and should of not been used against him as a violation of the 4th Amendment. The lower courts held that we expel DNA constantly…

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Fourth Amendment Research Paper

4th 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. The 4th amendment is right for people to feel secure and safe with their items and properties. They also have the right for no one to search or look…

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Thermal Imaging Dbq

citizens thinking about whether or not do they violate the 4th Amendment and…

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Ireland Vs Buie Case Study

Sebastian Morse, ADJU 101-91664 – Case: Maryland v. Buie 494 U.S. 325 (1990) Facts: On February 3rd, 1986, Edward Jerome Buie committed an armed robbery at a Godfather’s Pizza parlor in Prince George’s County, Maryland with a suspected accomplice, Llyod Allen. During the robbery, one of the suspects wore a red jogging suit; likely belonging to Buie. Further that day, police issued arrest warrants for both Buie and his accomplice. Buie’s home was also placed under police surveillance. On February…

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David Jon Riley Case Study

registration tags. Due to his license being suspended. The police had the car impounded. Before a car is impounded, police are required to perform an inventory search to confirm that the vehicle has all its components at the time of seizure, to protect against liability claims in the future, and to discover hidden contraband. While search the vehicle, police located two guns and subsequently arrested Riley for possession of the firearms. Riley had his cell phone in his pocket when he was arrested, so a…

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Stop And Furisk Policy

unconstitutional in reducing crime rates as it is technically inefficient in its’ day to day applications it is unconstitutional as many consider it to violate the prohibition of unreasonable search and seizures stated in the 4th Amendment and the Equal Protection Clause in the 14th Amendment. Even though this policy is fundamentally unconstitutional, it is still enacted in New York City which can lead to further violations of our basic rights as American citizens, giving too much power to the federal government…

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Exclusionary Rule Research Paper

papers to constitute an unreasonable search and seizure within the meaning of the Fourth Amendment.” — Justice Joseph P. Bradley The Exclusionary Rule is available to a Defendant in a criminal case as a remedy for illegal searches that violate the rights set forth in the Fourth Amendment. When applicable, the rule dictates that the evidence illegally obtained must be excluded as evidence under the Fourth Amendment. See Mapp v. Ohio, 367 U.S. 643. One important corollary to the Exclusionary Rule is…

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courts and funeral protesting Essay

Funeral Protestors Push the Limit of Free Speech In the video on the funeral protesting of fallen soldier by the church, the premier argument is as to whether or not their actions are no longer protected under the umbrella of the first amendment of the Constitution, and instead constitute an invasion of the privacy of the families who are trying to bury their fallen loved ones. Many local courts at state level have put forth many laws all but banning the action of funeral protests of fallen service…

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