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Why is the 4th Amendment so important
Why fourth amendment is important essay
Why fourth amendment is important essay
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I Plead the Fourth
We all know the fourth amendment. It states that we have the right to our own privacy, it protects us from illegal searches, and keeps us from being randomly placed in jail without reason.“It begins by declaring that the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”(Rohde). According to the constitution, schools don’t have the right to search students’ lockers, because it violates the rights of the average student.
The first reason why schools don’t have that right is because it violates students’ privacy. Let’s say that a student is suspected of using illegal drugs. They don’t know the name of the suspect or what locker they have, but they get a drug sniffing dog on the campus sniffing every locker. Let's also say that another student has prescription drugs in their locker for their severe stomach pains. The dog stops at that student’s locker, the officer forces the locker open, takes out that student’s things, and rummages through every bag, binder, and pocket. All
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“The Fourth Amendment is a catalogue of important personal rights that the Court has sought to interpret by balancing the right of privacy against the legitimate needs of law enforcement.... The Fourth Amendment also guarantees that “no Warrants shall issue, but upon probable cause.”...In essence, the Court uses a standard of reasonableness based on all of the facts and circumstances surrounding a challenged search or arrest” (Rohde). Searching through lockers without the parent’s or student’s consent or their knowing violates this amendment. The officers searching through the lockers don’t have warrants, which is required by law to make a search legal. By searching through lockers without a legal warrant, parental consent, or student consent, the officers searching the lockers and students’ personal items are violating the fourth
... is one that a reasonable guardian and tutor might undertake.” And he concluded that given the mission of public schools, and the circumstances of this case, the searches required by the school board's policy were “reasonable” and thereby permissible under the Constitution's 4th Amendment.
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
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 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.
For hundreds of years Americans have been growing up with the notion that it is a right to own a gun. Since the creation of the second amendment, people all over the United States have been able to guns for private use. Guns operated by the public are said to have a variety of uses such as, being able to protect oneself if conflict arises, grants the ability to put food on the table, and are used in competitions shooting targets against other people. But for many people guns have been seen as the root of all evil. Anti-gun users think that guns cause a variety of unexpected and innocent deaths. They also think that there are not enough laws in place that allow just about anyone to purchase a gun. The question of should guns be legal to all citizens has plagued our society. Do you think it is morally right for anyone to arm themselves and use it when they deem it to be necessary? Or do you think that the 2rd amendment seem unnecessary and outdated law that needs to be rewritten? These questions are just two of many that have thrown back and forth between pro-gun and anti-gun users.
The first amendment is the cornerstone of our American society founded years ago by our forefathers. Without the first amendment many ideas, beliefs, and groups could not exist today. The first amendment guaranteed the people of the United States the freedom of speech, freedom of the press, and freedom of religion, freedom of assembly, and freedom of petition. Although the first amendment guarantees us, Americans the freedom of speech, we cannot use it to cause others harm. This amendment has helped shaped Americans into what we are today, because of our right to assemble, speak freely, and worship as we please.
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.
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed” is stated in the United States Constitution as the Second Amendment. Several Americans wish to rid of guns from citizens, disobeying and disrespecting the Constitution. I shot my first gun when I was young and have always been surrounded by them. My neighbor does not leave the house without carrying one, nor does my eighteen year old friend. Never once have I felt unsafe or uneasy knowing that there was a gun close to me. The right to bare arms has become a popular local battle in which some people want to reduce the freedom of one owning firearms while others wish for the
Which include danger to the school or any of the students and this should be the only way teachers and schools can restrict students’ rights. but schools tend to go too far restricting students’ rights “The principal had ordered the stories removed from the paper because he believed the story about teen pregnancy was inappropriate for some of the younger students at the school, based on its discussion of sexual activity and birth control”(What are the free expression rights of students in public schools under the First Amendment?) a student though that this was appropriate for the school to read and it was but the officials at the school did not think the same way. also another case Bazaar v. Fortune officials tried to stop publication of a book just because it had a few words in it that they did not like.(The First Amendment and Public Schools) this is taking there restrictions just too far. The government should be able to set guidelines of what the immediate danger is and what kind of expression goes way too far and have it sent out to all the schools in the United States. This might help schools from restricting our
You may wonder why teachers have such a problem with the invasion of privacy. It's not about having something to hide, after all they are frequently observed, and after all the classroom is full of students. It's dehumanizing to have cameras trained on teachers and students at all times. You're treating them like they are all ready criminals, and I think students especially have enough to deal
I think school officials should be able to search students’ lockers if they suspect anyone has drugs/weapons. If a student has drugs or weapons in their locker, it needs to be addressed, so no one gets hurt. If schools didn’t search lockers randomly, students would be bringing drugs/weapons on a regular basis. Schools are a place for students to learn, not a place for students to hang out and get wasted. Drugs/weapons are a bad combination and lead to bad things like mass shootings.
The main reason for this is that at school, different rules apply to students. Some of these can lessen their rights to privacy. In addition to this, the safety of the student body is more important than full privacy rights at school. Drug testing student athletes is not a violation of the 4th Amendment because school rules permit limitations on the rights that students have. If we follow this policy, it is better for the common good because the Roanoke County Schools case shows that sometimes rights must be given up to obtain safety. If people understand this, they can avoid dangerous situations without unnecessary arguments concerning rights. It is clear from the case of Vernonia School District v. Acton (1995) that student privacy rights can be constrained by school rules. Also, the case of New Jersey v. T.L.O. (1985) proves that schools must balance student rights with safety, which is why drug testing should be allowed in school sports. When we ask if it’s Constitutional to limit students’ privacy rights, or if students always have full rights even if it makes the environment less safe it is clear what the answer is. It is evident that it is within the Constitution to lessen students’ privacy rights on campus to keep students
In the Fourth Amendment it states that the rights of the people are to be secured in their persons, houses, papers and effects, against unreasonable searches and seizure. The people who are doing the testing have no right to invade the bodies of high school students for a test that they have no reasons to even to the test; they have no warrant or court order to do it. It becomes a violation when they do the testing without any reason or suspicion of drug use. This test will be used everyone despite what they do on their own time, outside of school, they can’t have a reason to believe everyone in the ...
The school is legally responsible for ensuring the safety of students while in their care. The primary purpose of the school is to educate children. If the principal’s suggestion of id badges expedites attendance-taking, safety issues, and vandalism issues and maximizes the amount of time the school needs to perform its primary function, then no violation of rights has occurred.
What if a person were at school and they saw a school official looking through their locker and backpack and that school official told them that they were looking for a weapon or drugs? Do they think that this is fair? A lot of teens could have these things and this could have affects on what happens to them. Well some people think that school officials should look through backpacks and lockers for weapons and drugs, because it could harm school and the students future.