The fourth amendment was added to the United States Constitution in December 1791. This amendment is the section of the Bill of Rights that protects Americans from unreasonable search and seizure. The fourth amendment was based on abuses the English experienced with the British. This amendment is still being debated in the Supreme Court today. The fourth amendment was introduced into the Constitution as a part of the Bill of Rights on September 5, 1789. It was ratified by three-fourths of the states…
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The Fourth Amendment guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures (U.S. Constitution, I)." The Founding Fathers and settlers of the America knew all too well how the king's soldiers had abused their power through unwarranted searches of American homes before the formation of the United States of America in 1776, resulting in the creation of the Fourth Amendment. Despite the Fourth Amendment, for many years…
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there are five pros and cons of having the exclusionary rule in place in the United States criminal justice system. There are three pros of the exclusionary rile: “A powerful tool used to defend the fourth amendment, shifts the burden of proof away from the individual, and stops innocent people from having charges brought on them.” There are two cons of the exclusionary rule: “Not a part of the US constitution and it can result in guilty people going free” (Lombardo). There are three pros of having the…
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groups Fourth Amendment rights. With the signing of FISA into federal law, FISA provides judicial oversight and congressional oversight of the government's covert surveillance activities, while maintaining the secrecy required for national security, in order to ensure the convert activities by the government do not violate the Fourth Amendment rights or the civil liberties of U.S. persons and entities. Since 1978 and especially after the terrorist attacks on September 11, 2001,…
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stereotypes that were created. Racial profiling occurs despite the Constitutional guarantee of equal treatment. The fourth amendment prohibits unreasonable search and seizure; along with that comes the fourteenth amendment which granted all people born in the U.S. citizenship, meaning that no matter the color of skin, they were American and should be treated equal. That is to say a pro to racial profiling is that it helps with illegal immigration. Law enforcement can stop them to have them show their…
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social…,capital, sympathetic of migrants from Nicaragua because of political ties Journal #6: Explain the Supreme Court’s decision to deny Verdugo-Urquidez the right to a 4th Amendment? Should aliens kidnapped by U.S. authority be entitled to the 4th Amendment? The supreme court decided held that the “Fourth amendment does not apply to the search and seizure by United States agents of property owned by a nonresident alien and located in a foreign country.” Many in the court believe that there…
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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…
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hand, Roman stated, “Trump’s proposal would require a constitutional amendment, which would require a two-thirds majority vote in both the House and the Senate, followed by ratification of three-fourths of the states, or by a constitutional convention called for by two-thirds of the State legislatures.” To begin with, a president cannot abolish a law by itself, it has to have a process of evaluation keeping in mind the pros and cons, and other government organizations has to participate as well. In…
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investigation. In addition, it makes Law Enforcement present a strong case and makes them work much harder. Most importantly, the rule protects the innocent and provides support to the people’s basic rights. Personally, the exclusionary rule expands the Fourth Amendment in a good way. The problem is the exclusionary rule is not mentioned in the constitution. To further explain, the exclusionary rule is not applied in civil case and deportation hearings. However, it is best to know your states laws because it…
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constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Zalman, 2008, p. 4). The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments are significant in studying criminal procedure. In criminal justice, the criminal procedure is important because it deals with the conflict between order and liberty directly. To understand the friction between order and liberty…
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