Essay On 4th Amendment

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The Fourth Amendment protects persons from unreasonable searches and seizures (including arrests). Under most circumstances, it requires that a judge issue a search warrant authorizing law officers to search for and seize evidence of criminal activity, but the warrant can be issued only when there is probable cause. In 1914, the Supreme Court adopted the exclusionary rule, which barred evidence seized illegally from being used in a criminal trial; in 1961, the rule was made applicable to the states. Subsequent Supreme Court decisions have narrowed the application of the exclusionary rule. The Fourth Amendment also protects persons from warrantless searches and seizures in places where they have a legitimate right to expect privacy. The protection, however, does not …show more content…
Arizona. According to Miranda, police custody is threatening and confessions obtained during custody can be admitted into evidence only if suspects have been (1) advised of their constitutional right to remain silent, (2) warned that what they say can be used against them in a trial, (3) informed of the right to have an attorney, and (4) told that if they cannot afford an attorney, one will be appointed for them prior to questioning, if they so desire. Suspects may waive their Miranda rights, but only if the waiver is made knowingly, intelligently, and voluntarily. Other due process rights in the Fifth Amendment are the right to a grand jury indictment in felony cases (in federal court) and protection against double jeopardy. Many due process rights are provided by the Sixth Amendment: the right to a speedy and public trial, the right to an impartial jury of the state and district where the crime occurred, the right to be informed of the nature and cause of the accusation, the right to confront opposing witnesses, the right to compulsory process for obtaining favorable witnesses, and the right to

Essay On 4th Amendment

Describe the type of search the framers of the Constitution prohibited through the Fourth Amendment. Searches that were prohibited through the Fourth Amendment were, general warrant and searches, multiple specific warrants, no clurnal searches and no-knock entries that were considered unreasonable (pp.739.50, Cuddily, William). General warrants were use just because officers may disapprove of you. Anyone that they wanted to target this type of warrants were use even if they did not have probable…

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4th Amendment Essay

Before Incorporation of the the Bill of Right, specifically the 4th and 14th amendment, states had the flexibility to be intrusive with their police powers, States police powers varied but it was the incorporation of the 4th amendment and others that set guidelines of how intrusive the government can legally be. Now, we find the 4th amendment helpful, to protect our privacy from the government. The 4th amendment brought about the need for probable cause or a warrant when search or seizing. The,…

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Essay about The 4th Amendment

Discussing the 4th Amendment Alex Smith American Military University Discussing the 4th Amendment The 4th amendment is one of the first ten amendments known as the Bill of Rights. It’s also one of the most common amendments that are violated amongst the citizens in the United States by law enforcement. Not everyone has common knowledge of their 4th amendment. Citizens aren’t aware of what really a search is and what really is considered a seizure. This is something that needs to be known because…

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Argumentative Essay: Warren Court And The 4th Amendment

Gian Gualco-Nelson Warren Court and the 4th Amendment “[T]he 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.” Justices on the Supreme Court of the United States are employed to analyze and answer controversial questions…

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How Did James Madison Influence The Constitution

Madison was elected to the newly formed U.S. House of Representatives, where he served from 1789-97. Madison also played a strong role in the ratification process, and wrote a number of essays outlining his support for the Constitution. (James, History) Once the new constitution was written, it needed to be ratified by 9 of the 13 states. This was not an easy process, as many…

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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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Legislative Process in the UK: How a Bill Becomes an Act Essay

Essay Cycle 2 Most Bills can begin either in the House of Commons or in the House of Lords. The Government will make this decision based on the need to make sure each House has a balanced programme of legislation to consider each session.1 Bills will need to go through the following stages in each House before becoming an Act. First reading – the title of the Bill is read to the Parliament and date for second reading is set so that MPs can prepare for it. Second reading is very important stage of…

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Civil Rights Movement Test

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Bill of Rights EssayNSAThey are reading

Bill of Rights Essay NSA They are reading this essay right now. At least they could be. Should we be worried? Every phone, every email, every text every transaction is being collected and stored in computers by the federal government. That is why I write this essay with a bit of trepidation as well as caution. I hope it will alarm you to the fact that over the past few years the NSA (National Security Agency) has been collecting massive amounts of information including cell phone call data without…

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Dollree Mapp Case Study

prosecutions in state courts. Persuasive essay: In the case of Mapp vs. Ohio, Mapp deserved penalty from the law. The reason being is she was harboring pictures of illegal things she had done, a gun, paraphernalia and other items that were dangerous to herself and others. Such a dangerous person should not have rights that protect such illegal items. And the 4th amendment does not cover items that have already been confiscated. Under the 10th amendment states retain their right to run under a separate…

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