Introduction: Mapp v. Ohio is a landmark case in U.S. constitutional law that addressed the issue of the Fourth Amendment's protection against unreasonable searches and seizures. Decided by the United States Supreme Court in 1961, the case significantly influenced the application of the exclusionary rule, which prohibits evidence obtained through illegal searches or seizures from being used in criminal trials. This synopsis provides an in-depth analysis of the case, its background, legal arguments…
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The Bill of Rights is a document that allows society to be secured and protected, not feeling violated. The fourth Amendment, Search and Seizures, was created to protect citizens against unnecessary searches through your personal household or items. ‘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…
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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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History of the 4th Amendment The 4th Amendment is the product of a long history of British abuses dealing with a person’s property. The perception that a home was a man’s castle served as the foundational basis for this concern on the part of the founding father’s attitude toward government intrusion into their citizens lives. Back in the old country British agents were given plenary powers to search and seize in an effort to stop smuggling and prevent tax fraud. The warrants issued to British…
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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 exclusionary rule in place in the United States. The first one, is that the exclusionary rule is used to defend the fourth amendment (Lombardo). The fourth amendment is understood…
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Amendments An amendment is defined as, “the process of altering or amending a law or document (such as a constitution) by parliamentary or constitutional procedure (“Definition of AMENDMENT,” 2019).” The Constitution of the United States contains twenty-seven different amendments. The first ten of these amendments are known as the Bill of Rights. The Bill of Rights is 1. religion, speech, press, assembly, petition, 2. right to bear arms, 3. quartering of troops, 4. search and seizure, 5. grand jury…
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The exclusionary rule prevents the police offers from conducting unnecessary searches and seizures. In addition, any evidence obtained in violation of the Fourth Amendment will be inadmissible in court. The evidence found from the unnecessary searches, or forbidden searches are normally ignored as they are considered unreasonable and are considered to be fruits of the forbidden fruit. In the cases where the police have conducted the unreasonable or forbidden search for the evidence of a crime, such…
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The Fourth Amendment gives people the right to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures and that no warrant can be issued without probable cause (Constitution Center). Selective incorporations gives the courts the rights to make universal rules about the 4th amendment defining what search and seizure mean. The court case Smith v. Maryland identified when a search warrant is needed and that there has been an understanding of when a search warrant…
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the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Second, searching students can occur in order to maintain a safe environment and therefore can be considered “reasonable” depending on the circumstances. Administrators must weigh student rights under the Fourth Amendment with the school’s interest in promoting a safe learning environment for students. A student’s Fourth Amendment rights…
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Our file No.: 12095 Public school searches Date: June 6, 2013 I. Issues 1. The issue is whether public school officials have the authority to perform strip searches of students in suspicion of hiding illegal drugs. 2. The issue is whether public school districts can perform random drug screening of students who participate in school athletic programs under state or federal law. II. Brief Answers 1. No. Strip searches of students in public schools of students…
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