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What are rights essay
Liberty of the individual
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Yalson Bhatta Sherry Sharifian Govt 2305-73012 04-02-2018 Civil Rights versus Civil Liberties
Civil Rights referred to a certain chosen right that are possessed by an individual to prevent them from uneven treatment, that are the individual persons’ rights, discrimination in various section such as employment, education, housing and others (FindLaw, 1). 1 Where civil rights are completely unlike to civil liberties. Civil liberties are those sets of rights that are secured and imposed from the federal level under the constitution and other laws as fundamentals right including the right to speech, privacy, and vote. “For example; same sex marriage but not everyone is free to marry at any given time” (Crash course, 2016).
Taking a close
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Let’s say police suspect someone, and they did a GPS surveillance on that person’s vehicle without their understanding. To search anybody’s personal property without their consent is like a breaking into their personal property unlawfully. Supreme court also considers and validates a police officer having a search warrant before they perform GPS surveillance on anyone’s vehicle.
3 Like above, using drug-sniffing dogs to check someone’s front yard around their house also requires a search warrant. The fourth amendment of the U.S constitution protects the general public from the unreasonable searches and seizures extending a house’s surrounding or the inside of the house. No police officer can violate this law except in case they break the rule by himself and be a part of a crime.
For the DUI checkpoints, local law enforcement may or may not have to have a search warrants. If a police officer pulls over a vehicle when he suspects the driver might be drunk and only performs the breathing test than they usually don’t require to have search warrants. But, if the police officer suspects the driver to be under the influence of some heavy doses of drugs or alcohol and wants to perform some blood test then he will need to have a search warrant after he arrests the drunk driver. And it is also legally ruled by the supreme
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Every one of us has equal and similar rules and laws abiding us. But as much as there are rules and laws, there are more crimes and unlawful acts too. Sometimes the same rule might benefit someone while other times it might harm someone. As of the record of the history and till now there are many cases of innocent people getting punished for the crime they never did just because they looked black from their skin color. While there are also many cases where there has been justice for the person who has lost something or actually is a victim of some kind of crime. Comparing to other nations and comparing to the United States itself from the past years, the United States of America has a very best bill of rights for all their residents and citizens. There are obviously some loopholes on the law system and are not all perfect, but they are not totally dismantled either. There are tons of sites that they need to improve but the U.S government and the laws are still intact and are in good
Said by Justice David Souter “ In the majority opinion, compared the reasonableness of such a search to a more casual interaction.” He believes that the co-occupants consent is not valid because their was the refusal of an other occupant. Beside on the Fourth Amendment it states that “ a valid warrantless entry and search of a premises when the police obtain the voluntary consent of an occupant who shares, or is reasonably believed to share, common authority over the property, and no present co-tenant objects.”
A warranted search is per say reasonable. Officers may then employ various reasonable means of obtaining the information, e.g. search the content of U.S. mail, one’s house or office, or deploy an undercover agent as in Lewis v. United States (1966). They may, without need for physical intrusion as under the archaic trespass doctrine, utilize modern surveillance methods, such as electronic eavesdropping as in Lopez v. United States (1963) or heat signatures. (Solove and Schwartz 83) Under the third party doctrine, officers may obtain information that you voluntarily provide to your bank, accountant, ISP or e-mail provider as per United States v. Forrester (2008). (Ibid 197; 199) Conversely, “a warrantless search is generally considered to be per se unreasonable.” (Ibid 99) As noted in Katz v. United States (1967), “‘the mandate of the [Fourth] Amendment requires adherence to judicial processes,’ and that searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable…” (Ibid 99) Fail to meet any of the four elements and the warrant does not meet constitutional muster (see Berger v. New York (1967) wherein officers failed to stop surveillance at
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
A search and seizure is the phrase that describes law enforcement's gathering of evidence of a crime. Under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises this also includes vehicles. Any seizure of tangible evidence, must be reasonable. Normally, law enforcement must obtain a search warrant from a judge, specifying where and whom they may search, and what they may seize, though in emergency circumstances, they may dispense with the warrant requirement.
A warrantless search voids the constitutional right of the citizen hence, all the evidence obtained will be evicted by the court of law. While the statement holds true, there are situation where a officer of the law does not require a warrant. "Plane view exception", "Consent", and "Search Incident to Lawful Arrest" are three out of the six exception to the warrant requirement (NPC, Exceptions to the Warrant Requirement). One of the case where the judge ruled out in favor of the defendant for warrantless search is the case of "Rodriguez v. Unites States." The foundation of the case was based upon the timing from when the ticket was issued for a traffic violation to when the dog was called to sniff the car (Constitution Daily, Rodriguez v. United States). While the officer claimed the delay was caused by waiting on the backup, the exception does not fall under the
Civil liberties can be defined as the basic rights and freedoms of an individual granted to citizens in the United States and the entire world through the national common law or the statute law. The liberties include freedom of association, speech, movement, religious worship, and that from arbitrary arrest. The liberties get to form the roots of democracy in a society. In a dictatorial from of administration, the citizens are denied the rights and freedoms. However, liberties can be described as universal rights and freedoms. During the cold war in 1945 to 1953, the civil liberties got faced by many challenges as the citizens of the US faced and lived in a lot of terror.
The Supreme Court has held that vehicle searches are permitted if the arrestee is unsecured and is reaching distance from the passenger compartment or if the vehicle would have evidenced related to the arrest. Riley v. California, 134 S.Ct. 999 (2014). Searches based on information received from a seized cell phone must be permitted by warrant. Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710 (2009).
This action applies to conduct by government officials such as police, firemen, or an individual hired as a private actor by 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 technological 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 differentiation between open fields and private property must be made before one can proceed to form an opinion regarding the constitutionality of a warrantless search of an open field. Oliver v. United States is a case in which police officers, acting on reports from neighbors that a patch of marijuana was being cultivated on the Oliver farm, entered on to private property ignoring “No Trespassing” signs, and on to a secluded open portion of the Oliver property without a warrant, discovered the marijuana patch and then arrested Oliver without an arrest warrant. The Maine Judicial Court held that “No Trespassing” signs posted around the Oliver property “evinced a reasonable expectation of privacy,” and therefore the court held that the “open fields” doctrine was not applicable to the Oliver case.
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 Civil Rights Act of 1866 enacted on April 09, 1866, was an Act to protect all Persons in the United States in their Civil Rights and furnish the means of justification.
Both Civil liberties and rights are not nor represent the same thing. Civil liberties are personal guarantees and freedoms that the government cannot abridge, either by law or by judicial interpretation. Civil rights are the rights of individuals to receive equal treatment in a number of settings including education, employment, housing, and more. Many interests groups use these terms to support their own campains so that politicians might notice something being violated in the constitution.
In the recent Supreme Court case, Kyllo v. United Sates, "the Supreme Court held that police use of a thermal imaging device to scan a suspect's residence violated his right under the Fourth Amendment. The decision had reversed a federal appeals court ruling finding the scan lawful" (Is warrantless?).
A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.
Although America has come really far when it comes to the civil liberties and rights of its citizens, there is still a lot of room for improvement. We have yet to achieve the goals expressed by the Constitution because there continues to be several cases brought to court of people’s rights being taken from them and many more where people are being discriminated against. Once a person is settled into a certain lifestyle it is difficult to change their mindsets. True civil rights and liberties will only come once America and the citizens that reside within change the way that they see the world, and realize that everyone was created equal with certain undeniable rights – the way it was intended to be.