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4th amendment and law enforcement
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The Constitution of the United States, grants each citizen with personal property rights under the 4th Amendment. Our courts systems have upheld these rights time and time again when persons or organizations have tried to usurp these rights away from different groups and individuals. The same systems that have given, and upheld our individual rights seek to balance that with the rights of society and the rights of the group. Traditionaly court cases have followed a common sense approach, and have succeeded in balancing the rights of individuals with that of the group. Our court systems use strict scrutiny and procedures that maximize fairness among all groups and individuals. That is after all our societies goal, is to allow maximum personal …show more content…
TORT and personal liability claims can be levied against individuals that deny a person their rights. Most school officials are protected by qualified immunity. This can be lost if procedures and policy are not followed at all times. This can be a difficult task if administrators and teachers do not stay abreast with current education law.
Improper search and seizure violates an individual’s 4th Amendment rights to security of person, property and privacy. Riley v. California 573 U.S. (2014).
The court ruled that cellular phones are protected from unreasonable searches because they are computers and could possess vast amounts of personal data. This is the first time the court has ruled on privacy rights to virtual data on a physical device. This has vast implications for police and public school administrators. Cell phones are one of the biggest distractors in public schools and the misuse of these devices leads to the principal’s office. With logical and reasonable suspension and causations a search within the proper scope can be appropriate. Just as with police officers an administrator must know their boundaries and always have proper and clear justification. An improper search would be a TORT claim waiting to happen. The result of which could be criminal charges or monetary fines. Safford Unified School Dist. #1 v.
A search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present. Such a search or seizure is unconstitutional under the Fourth Amendment, and evidence obtained from the unlawful search may not be introduced in court.
The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief
Throughout time there have been many amendments to the United States Constitution. Some have had little to no effect on the population. One amendment that this writer will take a look at is the Fourteenth Amendment. The wording of the amendment has been debated here recently but bottom line it abolished slavery. This amendment also made an attempt to equalize everyone that is born here in America or naturalized. The ripple effect of this change to the constitution is still being felt today. It is hard to imagine living in a world where the African American community was not considered equal to the white man. A ground breaking distinction in the language written out in the document was that of it applying on the federal level as well as the state jurisdiction. This is especially important as we see the civil union marriages have conflict
The 4th amendment protects people from being searched or having their belongings taken away without any good reason. The 4th amendment was ratified on December 15, 1791. For many years prior to the ratifiation, people were smuggling goods because of the Stamp Act; in response Great Britain passed the writs of assistance so British guards could search someone’s house when they don’t have a good reason to. This amendment gave people the right to privacy. “Our answer to the question of what policy must do before searching a cellphone seized incident to an arrest is accordingly simple - get a warrant.” This was addressed to officers searching people’s houses and taking things without having a proper reason. I find
The Fourth Amendment to the Constitution states that individuals have the right to be secure in their persons, houses, papers, and impacts, against absurd searches and seizures, yet the issue close by here is whether this additionally applies to the ventures of open fields and of articles in plain view and whether the fourth correction gives insurance over these also. With a specific end goal to reaffirm the courts' choice on this matter I will be relating their choices in the instances of Oliver v. United States (1984), and California v. Greenwood (1988) which bargain straightforwardly with the inquiry of whether an individual can have sensible desires of protection as accommodated in the fourth correction concerning questions in an open field or in plain view.
The United State of America, established by the Founding Father who lead the American Revolution, accomplished many hardship in order to construct what America is today. As history established America’s future, the suffering the United State encountered through history illustrate America’s ability to identify mistakes and make changes to prevent the predictable. The 2nd Amendment was written by the Founding Father who had their rights to bear arms revoked when they believe rising up to their government was appropriate. The Twentieth Century, American’s are divided on the 2nd Amendment rights, “The right to bear arms.” To understand why the Founding Father written this Amendment, investigating the histories and current measures may help the American people gain a better understanding of gun’s rights in today’s America.
The 4th Amendment only applies when certain criteria are met. The first criterion is that the government must be involved in a search or seizure via government action. This action applies to conduct by government officials such as police, firemen, or an individual hired as a private actor of the government. After the first criterion has been met, the court must determine whether a search or seizure has occurred. A search is defined as the physical or technologic invasion of an area deemed by the majority of the court to have a reasonable expectation of privacy. These places could be homes or a closed telephone booth depending on the circumstances of the incident. A seizure occurs when the government takes one's personal belongings or the individual themselves.
The right to have trial by jury is an easy and simple right letting someone to be able to choose to have their fate be decide by a group of people with having different opinions from different minds letting them have a better chance of finding out the truth, because people have different perspectives in what they see. Which is also a very important right to the freedom we have and to our country. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Which defines as if someone gets charged over twenty dollars, then they’re able to ask for a jury to hear their side of the case before they lose their money and once the jury makes their decision they can not change it. This Amendment is important to our freedom because into the decision of the Farmers while they were writing on the Bill of Rights they thought it would only be fair to have an equal court system.
The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v. Greenwood (1988) which deal directly with the question of whether a person can have reasonable expectations of privacy as provided for in the fourth amendment with regards to objects in an open field or in plain view.
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
The 4th amendment of The Bill of Rights guarantees freedom from unreasonable searches and seizures. Henry David Thoreau once said, “That government is best which governs least," this statement is true because the more the government is involved, the more complicated life becomes for the people of the U.S. When government is too involved in something, it can soon becomes corrupt. The Safford Unified School District v. Redding was a case in 2009 where thirteen year old Savanna was suspected to have given prescription-strength ibuprofen to a friend in school, this resulted in the vice principal taking her backpack and searching for more pills. Nothing was found in Savanna’s backpack so she was sent by the vice principal to the nurse’s office to be stripped of all her clothes including her undergarments; again nothing was found. In this instance the school became overly involved for non-justifiable reasons which caused the situation to become corrupt. This is comparable to when the government and law enforcement is too involved in the citizen’s lives. It is of unjust law to search the American people without probable cause. The school strip searched Savanna illegally which
In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.
The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property… nor shall private property be taken for public use, without just compensation"(Cornell). The clauses within the Fifth Amendment outline constitutional limits on police procedure. Within them there is protection against self-incrimination, it protects defendants from having to testify if they may incriminate themselves through the testimony. A witness may plead the fifth and not answer to any questioning if they believe it can hurt them (Cornell). The Bill of Rights, which consists of the first ten amendments to the U.S. Constitution, enumerates certain basic personal liberties. Laws passed by elected officials that infringe on these liberties are invalidated by the judiciary as unconstitutional. The Fifth Amendment was ratified in 1791; the Framers of the Fifth Amendment intended that its revisions would apply only to the actions of the federal government. After the Fourteenth was ratified, most of the Fifth Amendment's protections were made applicable to the states. Under the Incorporation Doctrine, most of the liberties set forth in the Bill of Rights were made applicable to state governments through the U.S. Supreme Court's interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment (Burton, 2007).
Our founding fathers had built the, United States of America, because of the desire for freedom and the right to be treated as individuals. However, due to recent events that have taken place, and controversies that are well known today, many Americans seem to differ on the fact that America does serve equality, and promotes correct justice. The 14th amendment was established to ensure the rights of the people, stating all citizens shall be given “Due process… and will have equal protection…” As of right now in the 21st century, the effectiveness of this amendment and the bill of rights is protecting the rights of all citizens, but is lacking.
The first inception of individual rights began with the founding fathers of the United States, who had a vision in which all citizens would have the right to live in this country without being discriminated based on race, gender, religion, or sexual preference (US Constitution, 2010). These are basic human rights for which many people lost their lives to protect as this country was formed. Nonetheless, today one lives in a society in which one must fight to continue to posses those rights once again. Similar to the rest of history, when there have many examples of individual rights were not protected.