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Fourth amendment analysis
Essay on how the fourth amendment works
Uniform Crime Report (UCR)
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Both the fourth and sixth amendments are important to the United States Constitution. The fourth amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search 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 person or things to be seized” (Aberle 8). Meaning the public is safe from unreasonable searches conducted by the police. The sixth amendment states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, …show more content…
It assures them that their privacy cannot be taken away from them and the police do not have the right to invade their home and privacy without probable cause. For example, neighbor A conducted a 911 call stating his neighbor, neighbor B, was growing a marijuana tree in his backyard. The police arrive at the scene pounding on neighbor B’s door demanding to enter. Neighbor B does not understand what is happening. Police push their way through the door, looking for the trees. However, they cannot find any trees or wrongdoing. In this case, the police have just violated neighbor B’s fourth amendment rights. After they assess the information and complete an investigation, it showed neighbor A made the call because he did not like neighbor …show more content…
The Uniform Crime Report was developed in the 1930s to collect a compilation of reported crime data collected from over 18,000 agencies in the United States(Aberle 40). The UCR is made up of two different types of crimes, violent and property crimes. Violent crimes consist of murder, rape, robbery, and aggravated assault. Property crimes consist of burglary, larceny, motor vehicle theft, and arson. The Federal Bureau of Investigation (FBI) is responsible for compiling and publishing the data of the UCR (Aberle 41). The crime index can be discovered by taking the number of reported crimes divided by the total population and multiplying that number by 100,000(Aberle 41). This will provide the rate of crime per 100,000 people. Problems may occur with this method because is not completely accurate, there will always be flaw in the amount of crime and the population is always
The 4th Amendment is the right of the people to be secure in their persons, houses, papers, and effects,
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 Uniform Crime Reports (UCR) is constructed by the FBI on statistics of crime in the U.S. The FBI consolidates the information it receives from law enforcement officials and integrates all the information into a data that measures crime. This information is compiled by over 18,000 different agencies, from the universities to federal agencies. The information they receive is placed into two different categories, part 1 and part 2 offenses. UCR also measure crime against only women and the NCVS measures against both male and female.
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
Privacy comes at a cost. It brings people who fight for the people the privacy of others when it is violated together. Cops not being able to search when they seize a cell phone makes them risk their lives because how people these days are, there could be bombs in the phone. Even though this amendment was ratified, people to this day still don’t have privacy they rightfully deserve. This effects me because I’m able to keep special information to myself. Also, if a police pulls over a family member and ask for their phone to investigate without giving a proper reason or having a warrant, that family member could say no. If a police hasn’t given you a good reason to hand something over, you have the right to resist or else the police are being unconstitutional. This amendment gives people the safety to do what they want(that’s legal). It also makes life better, but harder. Life is harder with this amendment because you have to watch out for who you trust that they won’t do anything to jeopardize your safety. This is relevant because a man in Indiana was tracked down by a GPS. It didn’t violate his 4th Amendment because the police got a warrant to put a tracking device in his mom’s car. This case represents how technology gives advantages and disadvantages. An advantage was that they were able to track him down for a burglary. The disadvantage would be that if they hadn’t gotten a warrant, he could have filed a lawsuit against
It is 1776, the United States had just declared it’s Independence from England and one of those reasons for departing was the requirement to house British soldiers at anytime. After the French and Indian War England felt the need to thousands of soldiers in the colonies and an colonial quartering act was passed in 1765.When the British required the quartering of soldiers in the colonies it had passed in England that quartering of soldiers was not required. This quartering act on the colonies along with overtaxing lead to the start of the Revolution.Once the Americans won the war and had need to draft a constitution for the newly formed country, the exclusion of this requirement had to be added to the Bills of Rights.
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.
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 amendment that raises my own eye is the Search and Seizures Clause of the Fourth Amendment. Like most of the Bill of Rights, the Fourth Amendment has its origins in 17th and 18th century, English common law. Unlike the rest of the Bill of Rights, the Fourth Amendment's origins can be traced precisely it arose out of a strong public reaction to three cases from the 1760s, two decided in England and one in the colonies. Two cases from England, “Entick vs. Carrington” and “Wilkes vs. Wood”, involved plaintiffs who produced pamphlets criticizing the government. During the arresting, officials seized books and papers from the plaintiff’s property. A court agreed that the officers’ actions constituted trespassing. The third case occurred within the colonies and involved “writs of assistance,” which permitted officials to search for smuggled goods without specify which house or what goods.
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.” –U.S. Constitutional Amendments
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.
The Uniform Crime Report, which was developed in the 1930s, is commonly used by the Federal Bureau of Investigation as a record of crimes committed all across the United States. These crimes, which fall under two categories, Part I and Part II offenses, are reported by local police to the Federal Bureau of Investigation each year. Part I offenses are considered to be the more serious of crimes recognized by society. Such examples of this are homicide, forcible rape, robbery, arson, motor vehicle theft, etc. Part II offenses are those that are considered less serious, such as fraud, simple assault, drug abuse, gambling, stolen property, embezzlement, etc. Part I crimes can also be subdivided into what are known as violent crimes and property crimes. (Barkan, 2012). However, there are both some positive and negative aspects of this type of crime measurement. The following paper will explore the small amount of pros and numerous cons associated with the Uniform Crime Report.
The uniform crime reporting system is a statistical reporting program run by the federal bureau of investigation: criminal justice information services division (CJIS). The uniform crime reporting system is done annually. The crimes normally reported are non-negligent manslaughter, forcible rape, larceny theft, motor vehicle theft and arson. These crimes are considered violent by both their nature and volume of crimes committed. Not all crimes are reported. The “lesser crimes” are discounted in the view of the federal bureau of investigation. Emphasize is put on violent crimes. The uniform crime reporting system function is to report an annual summation of the incidence and rate of reported crime. This helps to give a picture on what kinds