The founders believed in the vital importance of individual liberties in the Bill of Rights. There is a delicate balance between security and liberty, and the question that remains is; how well is our government keeping this balance? The debate of freedom and safety draw heavily on the war on terror. Much of the losses of certain freedoms occurred after 9/11. The fourth amendment is arguably the most violated of all, in the name of safety. The fourth amendment states that, the right of the people…
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When obtaining evidence the fourth amendment is very useful, it ensures that unreasonable searches and seizures are not conducted. The fourth amendment, In a gist, is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures (Bajaj, 2009). This is basically saying that we are protected from unreasonable searches and seizures. The fourth amendment often comes into play when talking about motions to suppress…
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During the previous years, our nation has implemented findings that are influential towards prisoners’ Constitutional rights. In 1972, the U.S. Supreme Court Case U.S. v. Hitchcock, revealed the circumstances of prisoners’ Fourth Amendment right being violated regarding warrantless searches and seizures in prisoner’s cells. Furthermore, Benjamin Hitchcock, Arizona prison cell was searched without authorization and documentary evidence was initiated from the search. The most compelling evidence is…
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NIPP as a critically important piece of national security. The renaming of the U.S. Customs and Border Protection and reorganization to fall under the Department of Homeland Security was a deliberate step toward affecting immigration policy’s importance to national security affected by the passing of the Homeland Security Act of 2002 (Christopher 2014, 16). 2) What does open, but closed borders mean? This means an open or borderless economy but barricaded border (Andreas 2009, xiv). These…
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New Jersey v. T.L.O: Question:Did the search violate the Fourth and Fourteenth Amendments? Decision: The decision of this case was a 5 to 3 vote for the State of New Jersey.. Majority:The decision was a majority decision because they agreed that students don't have privacy for the item they taking into school grounds. The reason for this decision is because the student made the decision to bring inapropriate items into school grounds. A teacher obtaining a warrant before ssearching a suspicious…
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to our Constitution. The first amendment talks about the freedom of speech, religion, and press. Today, we have the right to decide which church and religion we want to be affiliated with. It also emphasizes the concept of “all men and women are created equal.” We still have the right to voice our opinions, whether it is written or verbal. For example, reporters putting articles in newspapers or on television may take a side on an issue. The second amendment is the right to bear arms and this…
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searched. However, in most situations that is not the case so the law enforcement officers would be able to apply the term open fields. Explain how the concepts of open fields, curtilage, and reasonable expectation of privacy interrelate and their importance to the law of search and seizure.…
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similarities as well as the differences of the same. This will also be a mode in figuring out the effects of the policies in criminal procedure by taking a look at the amendments made in the Constitution of the United States, from the Fourth, Fifth and Sixth Amendment as well as the Fourteenth Amendment. The Bill of Rights of the Fourteenth Amendment will also be of a vital role in achieving the goal of this paper, The most widely used procedure in criminal proceedings is the due process model. According to…
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Discuss the importance and possible failings of the US constitution The US Constitution acts as the supreme law of the United States of America; it originally contained seven articles and is a codified document. The constitution is entrenched and its first three articles establish the doctrine of the separation of powers, whereby the federal government is divided into three branches: the executive, consisting of the President the legislature, consisting of the bicameral Congress and the judiciary…
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The Bill of Rights created in 1791 protects all the people of the United States's rights that the government cannot change or take away. It was formed due to many things and eventually became the first 10 amendments to the Constitution. When the government was first formed it was to weak under the Articles but when a stronger government was created people were afraid of it becoming too strong. This fear came from the origin of being under the rule of the King where he had all the power and could…
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