The right of every individual from unreasonable searches and seizure is based on the most fundamental right to life, liberty and property and to avoid the abuse of authority that the government may conduct through unreasonable interference to the privacy of an individual…
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As provided by the second clause and explained in the Johnson case a valid search warrant must contain the following requirement: 1.) It must be issued by a neutral and detached magistrate; 2.) there must be presented to the magistrate an adequate showing of probable cause supported by oath or affirmation, usually in the form of an affidavit from a police officer; 3.) the warrant must describe with particularity the place to be searched and the items or persons to be seized. A neutral magistrate as provided in Shadwick v. City of Tampa (1972) must be “neutral and detached” and “capable of determining whether probable cause exists for the requested arrest or search.” Probable cause on the other hand means contemplates facts and circumstances within an officer’s personal knowledge that are sufficient “to warrant a man of reasonable caution in the belief that an offense has been or is being committed.” Carroll v. United States (1925). And the standard of particularity as required for a valid warrant that the description be sufficiently precise in so that the officer executing the warrant can “with reasonable effort ascertain and identify the place intended (Steele v. Unites States ) and that it leaves nothing to the discretion of the officers to inquire further (Marron v. United [1927)]). ...
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Over the years man has become more and more free and was able to accumulate rights and capabilities based on one’s free will but must never cross over another man’s rights and capabilities. Freedom has its price as the famous quote implies truly, because one cannot be free without complying with the rules and regulations set upon by the norms and the laws of man.
The persons upon whom search and seizure are committed are selected on grounds of reasonable suspicion. In most cases, the search operation does not lead to seizure of goods/property belonging to the suspected person. At the time of the writing of the Constitution, the Founding Fathers reasoned that “search and seizure is a necessary exercise in the ongoing pursuit of criminals.
Different approaches to the interpretation of this amendment either closely link these two clauses together or take them as separate and independent from each other. There are three various approaches to the interpretation of the Amendment are known as the Warrant Approach, the Reasonableness Approach and the Special Needs Doctrine, all of which are presented, defined and illustrated by various cases decided by the US Supreme Court at one time or another.
MID TERM ESSAY QUESTIONS Name Course Tutor’s name 6RD February 2012 Midterm essay questions Introduction The Fourth Amendment of the federal laws governs criminal procedure that starts from seeking of warrants of searches, seizures, and arrest up to the judicial processes.
Via the use of local authorities, they have monitored professors everywhere, even making use of agents to spy on students on such issues as the number of times they say their prayers. This began after 9/11 and has continued unabated for a while, hidden away from the public with covert help from the CIA and the FBI, until the associated press exposed it in a series of articles.
Certain countries, such as the United States and Canada, have provisions in their constitutions that provide the public with the right against "unreasonable" search and seizure" (Search and Seizure, 2007). Detaining on the other hand keeping a prison in custody or to confine him temporarily.
This amendment also protects arbitrary freedom and the right to privacy. In Terry V Ohio(1962), the supreme court of United States, for the first time approved a seizure and a search based on less than probable
According to the provision, any searchers and or seizures conducted without probable cause and a warrant would be struck out during trial under the exclusionary rule.
Police officers carrying out searches and arrests can only act on the basis of reasonable suspicion and
He was sentenced on eight accounts of transmitting wagering information from the state of Los Angeles to Miami and Boston. However, he appealed in the Appeal Court claiming that the recordings from the FBI could not be used as evidence to sentence him. The court rejected
According to the paper, Private Search and Seizure and the Fourth Amendment, in State v. Buswell, the Minnesota Supreme Court held that the protection of the Fourth Amendment was limited to government action and thus any private searches conducted by private citizens were not covered by the exclusionary rule.
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