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Questions on the fourth amendment
A paragrah about the fourth amendment
Questions on the fourth amendment
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Terry was a Clevaland man that was arrested and charged with carrying a concealed weapon. Terry was stopped and searched by an officer that suspected that Terry was going to potentially rob a store. The officer was observing Terry, and approached Terry for questioning, however, he decided to search him first. This quick frisking produced a concealed weapon, which, was why he was charged with the concealed weapon offense. The problem in this case whether a search for weapons without a probable cause of arrest is an unreasonable search under the fourth amendment. Terry allegated that it violated the fourth amendment, in the point of protecting against unreasonable search and seizure. "In a multipart holding, the court acknowledge that because
it, "protects people, not places", the fourth amendment applies as much to the citizen on the streets as well as at home or elsewhere" (Siegel & Schmalleger & Worrall, 2015 P.402). The supreme court held that it is a reasonable search when an officer performs a quick seizure. For weapons on a person that they believe could be armed. An officer can now perform a search for weapons without a warrant. This case shows the Supreme Court willingness to allow the search. This case is important to law enforcement, because it grants law enforcement to take immediate action, due to observations, behaviors, or situations that gives them a reasonable notice of a dangerous situation. The officers do not need to obtain a warrant to investigate whether armed or danger exists. "Terry exemplifies the direct impact that court decisions can have on daily law enforcement practices" (Siegel & Schmalleger & Worrall, 2015 P. 403).
When officers arrived at the living area of Johnson and his roommate, Benner Brewer, they did not have a warrant to search Johnson’s area, which violated his 4th amendment rights against a warrantless search.
Hazelwood v. Kuhlmeier of 1987-1988 Background: At Hazel East High School, the school has a sponsored newspaper called “The Spectrum” that is written and edited by the students. In May of 1983, the high school principal, Robert E. Reynolds, received the edited version of the May 13th edition. Upon inspecting the paper, he found two articles that he found “inappropriate.” The two articles contained stories about divorce and teen pregnancy. An article on divorce featured a student who blamed her father’s actions for her parents’ divorce.
Hicks is like the search of Justin Meyers home conducted by police in the fictional case in the text book. In both searches police were in the defendant’s homes and were searching for specific items, and during that search items were found that implicated the defendants in other crimes. There are several differences between the two cases. First, the severity of the crimes. Hicks’s case involved the theft of stereo equipment, while Myers case involved murder. Second, the search of Hicks home did not include a search warrant, and in Meyers case the police did have a search warrant. In Myers case, police had a lawful search warrant to search for drugs and drug paraphernalia. During that search police located a bloody rag, which was sent for testing. The results of this test revealed the blood belonged to a murder victim, implicating Myers for suspicion of murder. Although the police did have a search warrant, the warrant only listed drugs, and paraphernalia. This arises several questions. First where was the bloody rag found? Second, did the police have probable cause that Meyers was under suspicion of murder? Or was it simply a case of reasonable suspicion? In my opinion the results of the tests performed on the bloody rag found in Meyers case should not be admissible since Myers was not under suspicion of murder, and the bloody rag was not included in the lawful search warrant. The search is not considered legal, and not covered under the plain site doctrine. Myer’s fourth amendment protection against illegal search and seizure was violated by testing the bloody
Three police officers were looking for a bombing suspect at Miss Mapp’s residence they asked her if they could search her house she refused to allow them. Miss Mapp said that they would need a search to enter her house so they left to go retrieve one. The three police officers returned three hours later with a paper that they said was a search warrant and forced their way into her house. During the search they found obscene materials that they could use to arrest her for having in her home. The items were found in the basement during an illegal search and seizure conducted in violation of the Fourth Amendment of the United States Constitution and therefore should not admissible in court.
Justice Harlan’s reasonable expectations test in Katz vs. United States (1967) considers whether a person has an “actual (subjective) expectation of privacy” and if so, whether such expectation is one that “society is prepared to recognize as ‘reasonable.’” (Solove and Schwartz 99) If there is no expectation of privacy, there is no search and no seizure (reasonable, or not), and hence no Fourth Amendment issue. Likewise, we must first ascertain whether a search took place. A few questions from a police officer, a frisk, or the taking of blood samples do not constitute a search. (Solove and Schwartz 83; 86) Likewise, the plain view doctrine establishes that objects knowingly exhibited in a public area, in plain view for police to see, do not
In the case study, “Is This Child Mislabeled?” the reader is introduced to Serge Romanich, who is a third-grade Serbian refugee. Upon Serge’s enrollment in Oakwood Elementary, it was said that he barely knew any English and never started school due to his mother’s hospitalization and the Serbian war. Serge was placed into the Limited English Proficiency (LEP) program at his school, where he was soon labeled as a non-reader with no aptitude. Adding onto that, due to Serge’s inability to make academic progression and catch up, the faculty at Oakwood Elementary suggested to his mother, Byona Romanich, that Serge had a learning disability. According to the article, “On the Woodcock-Johnson Test of Cognitive Abilities, he scored at least 2 standard
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. A warrant, a legal paper authorizing a search, cannot be issued unless there is a reasonable cause. Courts have rules that a warrant is not required in every case. In emergencies such as hot pursuit, public safety, danger of loss of evidence, and permission of the suspect, police officers do not need a warrant to search a person’s property (Background Essay). In the case of DLK, federal agents believed DLK was growing marijuana in his home. Artificial heat intensive lights are used to grow the marijuana indoors (Doc B). Agents scanned DLK’s home with a thermal imager. Based on the scan and other information, a judge issued
Terry v. Ohio was in 1968 it had a decision by the United States Supreme Court which held that the fourth amendment prohibition on the unreasonable search and seizures is not violated when a police officer stops a suspect on the streets and frisks him or her without probable cause to arrest, if the police officer had a reasonable suspicion of that person had commit a crime in which he can be belief that the person may have a weapons that can be dangerous to a police officer.
To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under
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 New York City Police Department enacted a stop and frisk program was enacted to ensure the safety of pedestrians and the safety of the entire city. Stop and frisk is a practice which police officers stop and question hundreds of thousands of pedestrians annually, and frisk them for weapons and other contraband. Those who are found to be carrying any weapons or illegal substances are placed under arrest, taken to the station for booking, and if needed given a summons to appear in front of a judge at a later date. The NYPD’s rules for stop and frisk are based on the United States Supreme Courts decision in Terry v. Ohio. The ruling in Terry v. Ohio held that search and seizure, under the Fourth Amendment, is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest. If the police officer has a “reasonable suspicion that the person has committed, is committing, or is about to commit a crime” and has a reasonable belief that the person "may be armed and presently dangerous”, an arrest is justified (Terry v. Ohio, 392 U.S. 1, at 30).
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.
...e Court would also fine Mr. Dickerson guilty of contraband. However, after reading the ruling, I understand how easily and differently the Fourth Amendment may be understood and withheld. Another good point was proven in the “Mapp vs. Ohio” case where law enforcement did indeed violate the Fourth Amendment. Interpretation of this amendment was apparent back in the 1760’s where they had cases based on the freedom of citizens. The Fourth Amendment is a very creative amendment that gives the people the right of freedom and to protect their own properties. As a future law enforcement officer, I chose this amendment to gather information on the proper procedures to obtain a search warrant and understand how improperly obtaining a search warrant may change an outcome of a case. Furthermore, the Fourth Amendment may be perceived differently in a court of law.
The questions for the courts to ponder evolve around the mental state of the juvenile, the potential for physical violence when placed in an adult prison environment, as well as the emotional impact of incarceration with an adult population. Steinberg L, Scott E, 2003).