Amendment rights - Essay Example

Only on StudentShare

Extract of sample
Amendment rights

This is because the window is viewable by anyone one walking along that street. For example in Katz v. United States, a case ruled by the Supreme Court that there was no search if a person has an expectation of privacy and this expectation should be reasonable. For this case, if a police officer looks through the garbage, this cannot be termed as a search since there is not expectation that the garbage is private. The Congress has already placed statutory restrictions on incidents like when a police officer monitors telephone numbers dialed by individuals. At one time, the Supreme Court ruled in the case of Florida v. Riley, where police officers had hovered above a suspect's house with a helicopter and conducted surveillance. There can be no expectation of privacy in illegal activities. For example where a police officer uses a drug sniffing dog to investigate an illegal activity is not a search.
Under certain circumstances, it is not necessary for warrant for a search or seizure. For this case, the police officer must have a probable cause that makes him believe that the object in question is contraband before the search and seizure. There is search without a warrant on open fields if at all; the person conducting his activity in the open field had no reasonable expectation of privacy. ...
Download paper


The first part usually safeguards people against unreasonable searches and seizures. There had been numerous ways of remedying unreasonable searches in the ancient times unlike in the modern jurisprudence that has facilitated respect of the amendment by the police officers.
Author : cyrusluettgen

Related Essays

The First Amendment
The First Amendment speaks to the very heart of what it means to be an American.In guaranteeing the freedom of religion, speech, press, assembly and petition, it ensures that each and every individual in the United States is offered some rudimentary inalienable rights With these rights comes the inescapable task of responsibility.These responsibilities were not clearly delineated in the constitution.In fact, the notion of free speech has been challenged to a great degree in that it is very esoteric in nature and when exercised to the full extent, it holds the potential of endangering...
6 pages (1506 words) Essay
Australian Marriage Amendment Act
Marriage is sometimes used to establish the legal father of a woman's child and vice versa; gives the both partners control over the others sexual services, labor and property; establishes a joint fund of property for the benefit of children; establishes a relationship between the spouses. The most common type of marriage is treated as the union of one or more men with one or more women. Marriage is usually heterosexual and entails exclusive rights and duties of sexual performance. Prior to all the hoopla about marriage, the society has seemingly established certain norms and practices that...
11 pages (2761 words) Essay
Canon Law & 8th Amendment
Since the fourth century, the Roman Catholic Church has been developing regulations that have had some influence on secular (non-church-related) legal procedures. These regulations are called canons and are codified in the Code of Canon Law (in Latin, Codex juris canonici).
15 pages (3765 words) Essay
Second Amendment Rights
tatement of the Second Amendment of Right to Bear Arms could be considered both general and quite unstable as to saying who is allowed and is not allowed to own a gun. Apparently, the word “militia” in the context of the released law does not only refer to the federal officials but to anyone who has been trained to handle a gun. In some cases, the explanation of a “militia” even refers to a community of “reserved soldiers”.1 These reserved soldiers are members of the community considered as individuals who are ready to fight for the country in case emergency national needs require...
4 pages (1004 words) Essay
4th 5th 6th amendment criminal rights
Even though these amendments were introduced by James Madison in 1789 to the First United States Congress, it came into exist with effect only 1791 onwards only. Earlier majority of the states hesitated to accept these amendments which caused the delay. But three fourths of the states accepted it in 1791 and bill of rights became the part of US constitution from then onwards. Even though James Madison was the architect of these amendments, the contributions from other prominent personalities like Thomas Jefferson helped Madison immensely in attaching these amendments to the US constitution
8 pages (2008 words) Research Paper
A Danger to Fourth Amendment Rights 302 WK3
The Terry case seems to have turned around the powers of the citizens and the government. Since the government is run for the people, by the people, and belongs to the people, it is important that people the people’s demands supersede the constitution.
2 pages (502 words) Essay
Fourth, Fifth and Sixth Amendment Rights
In addition, the Court was to consider whether physical penetration of a constitutionally protected area is required before a search and seizure is said to be in violation of Fourth Amendment to the United States Constitution.
9 pages (2259 words) Assignment
Got a tricky question? Receive an answer from students like you! Try us!