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The 4th Amendment
Fourth amendment analysis
Fourth amendment analysis
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Recommended: The 4th Amendment
Did the government go too far? The fourth amendment states that we, as citizens of the United States of America, have protection from unreasonable and warrantless searches, but, as we advance in society, technology is raising some constitutional arguments. In this case, someone with the initials of DLK was suspected of growing marijuana in his house. Agents used a thermal scanner to scan his house for the right amount of heat that is used to grow marijuana indoors. Turns out those suspicions were correct and the agents found 100 marijuana plants growing in his house and then the agents arrested DLK on account of growing illegal drugs in his house. The government overstepped in this case because they violated DLK’s Fourth Amendment rights and …show more content…
DLK had no way of disposing all of the evidence without being suspicious about his actions because his house was not on hot pursuit, DLK was in his own house and not endangering public safety, he did not allow the agents to scan his home for the signs of heat used to grow marijuana, and he was not arrested in public therefore the agents had no probable cause to search his house without a warrant. In Document A it gives an example of a court case similar to DLK’s case, Carroll v. United States. In this dispute during the Prohibition Era, federal agents believed Carroll was selling alcohol. The agents spotted Carroll driving on a highway and chased him, when they pulled him over they searched his car, found the alcohol and arrested him. Carroll argued that this violated his Fourth Amendment rights but the Supreme Court ruled the search was lawful because this was considered hot pursuit and Carroll could easily drive away with all of the
Under the California Penal Code, officers are granted permission to search Johnson under the conditions of his probation. While acting upon this, they discovered multiple areas of the house in which controlled substances were hidden. Officers argued that by searching Johnson without a warrant, they prevented the potential destruction of evidence.
Facts: On November 2006 the Miami-Dade police department received an anonymous tip that the home of Joelis Jardines was been used to grow marihuana. On December 2006 two detectives along with a trained drug sniffing dog approached Jardines home. At the front door the dog signaled for drugs, as well as the detective who smelled the marihuana coming from inside. Detectives then wrote an affidavit and obtained a search warrant that confirmed the growth of marihuana in Jardine’s home. Jardines was then charged for drug trafficking. Jardines then tried to suppress all evidence and say that in theory during the drug sniffing dog was an illegal search under the 4th amendment. The trial courts then ruled to suppress all evidence, the state appellate courts then appealed and reversed, the standing concluding that there was no illegal search and the dog’s presence did not require a warrant. The Florida supreme court then reverse the appellate court’s decision and concluded that a dog sniffing a home for investigativ...
This case is about Scott Randolph, who’s home was searched without a warrant. Due to this “corrupted” search, police ended up finding cocaine in his home. As a matter of fact both Randolph and his wife Janet Randolph were present during the search, it’s stated that Randolph’s wife gave permission to search the house. However Randolph denied to give that consistent, but police believed that the wife’s permission was all they needed. After the encounter with the drugs, Randolph was arrested for drug possession. This case was taken to trail and both the appellate court and Georgie Supreme court believed that the search of Randolph's home was unconstitutional.
Overall this was a great case to read. Arizona v. Hicks held that the 4th Amendment requires the police to have probable cause to seize items in plain view. Again the major facts of this case were that the police had initial entry into Hick’s apartment. Even though it took place without a warrant.
Arizona V. Hicks discusses the legal requirements law enforcement needs to meet to justify the search and seizure of a person’s property under the plain view doctrine. The United States Supreme Court delivered their opinion of this case in 1987, the decision is found in the United States reports, beginning on page 321, of volume 480. This basis of this case involves Hicks being indicted for robbery, after police found stolen property in Hick’s home during a non-related search of the apartment. Hicks had accidentally discharged a firearm into the apartment below him, injuring the resident of that apartment. Police responded and searched Hicks apartment to determine the identity of the shooter, recover the weapon, and to locate other victims.
On June 26, 2006, a Sheriff Officer of the State of Florida, William Wheetley and his drug detection dog, Aldo, were on patrol. Furthermore, Officer Wheetley conducted a traffic stop of the defendant Clayton Harris for expired tags on his truck. As Officer Wheetley approached the truck, he noticed that Harris was acting nervous/anxious, more than he should have, and he also noticed an open can of beer in the cup holder next to him. At that moment, Officer Wheetley knew that he was hiding something, he requested to search
If the Supreme Court holds with the trend of the United States District Court of Oregon and the 9th Circuit Court of Appeals then the ultimate interpretation of the 4th Amendment will be precedent for future search and seizure cases involving technological monitoring. For this reason I believe that the U.S. Supreme Court will overturn the Circuit Courts affirmation. The consequences for a reversal of the Circuit Courts decision are few. The 4th Amendment would still protect the rights of citizens. The negative aspect is that some drug dealers will go unnoticed. This is only a slight inconvenience given that thermal imaging may still be used if a warrant is obtained.
When is a search not a search? The Fourth Amendment was made to protect prevent unwanted search and seizure. Were DLK’s rights violated by using a thermal imager without a warrant? The Fourth Amendment protects citizens rights from unlawful search and seizure. In the case of DLK, the supreme court had to decide if the government went to far. The government went to far because the search violated the Fourth Amendment rights by unlawfully obtaining information without a warrant.
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
The way the police officer Martin McFadden had ignored the fourth amendment in order to catch John W. Terry & Chilton that was planning to rob a store and so the officer had stop and frisk the two suspect in which McFadden had found a concealed weapon which was a .38 caliber pistol and had two of the gun on them and so that they were charged by that ignoring the fourth amendment to find that the two were going to rob the place but also McFadden had frisked a person. Terry sentenced to 3 years, Chilton had served 13 months.
The Supreme Court had to decide on the question of, does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment? According to the Fourth Amendment, "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 describing the place to be searched, and the persons or things to be seized.
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 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.
DuPont has been known for its low reliance on borrowings. In the 1970’s, the company had to assume a substantial portion of debt of Conoco, a newly acquired company. In 1983, the managers have to decide about the future optimal target debt ratio. Should the company continue to keep about 40% of its assets financed via debt or should it strive to lower its borrowings to 25%?
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.