The Fourth Amendment Prevents Unreasonable Searches And Seizures

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The Fourth Amendment prevents unreasonable searches and seizures. The Supreme Court requires police to acquire a warrant before the search begins; otherwise, evidence obtained illegally will not be admissible in court. It provides people to be protected in their persons, house, papers and effects and should not be violated and no warrant will be issued unless there is probable cause. The exclusionary rule does not allow evidence in court that was obtained in violation of the amendment. Its goal is to prevent law enforcement misconduct. The rule applies to all evidence that is of constitutional violation. However, searches may be lawful without a warrant to the acknowledged exceptions.

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Pros And Cons Of The Fourth Amendment

The fourth amendment was added to the United States Constitution in December 1791. This amendment is the section of the Bill of Rights that protects Americans from unreasonable search and seizure. The fourth amendment was based on abuses the English experienced with the British. This amendment is still being debated in the Supreme Court today. The fourth amendment was introduced into the Constitution as a part of the Bill of Rights on September 5, 1789. It was ratified by three-fourths of the states…

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Exclusionary Rule

to defend the fourth amendment, shifts the burden of proof away from the individual, and stops innocent people from having charges brought on them.” There are two cons of the exclusionary rule: “Not a part of the US constitution and it can result in guilty people going free” (Lombardo). There are three pros of having the exclusionary rule in place in the United States. The first one, is that the exclusionary rule is used to defend the fourth amendment (Lombardo). The fourth amendment is understood…

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Essay On Exclusionary Rule

The exclusionary rule prevents the police offers from conducting unnecessary searches and seizures. In addition, any evidence obtained in violation of the Fourth Amendment will be inadmissible in court. The evidence found from the unnecessary searches, or forbidden searches are normally ignored as they are considered unreasonable and are considered to be fruits of the forbidden fruit. In the cases where the police have conducted the unreasonable or forbidden search for the evidence of a crime, such…

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Legal Memorandum Essay

Our file No.: 12095 Public school searches Date: June 6, 2013 I. Issues 1. The issue is whether public school officials have the authority to perform strip searches of students in suspicion of hiding illegal drugs. 2. The issue is whether public school districts can perform random drug screening of students who participate in school athletic programs under state or federal law. II. Brief Answers 1. No. Strip searches of students in public schools of students…

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Informative Essay: The Fourth Amendment

“The Fourth Amendment wasn't written for people with nothing to hide any more than the First Amendment was written for people with nothing to say.” The Fourth Amendment was written to ensure the privacy the U.S. citizens are entitled to. Without this amendment, the government would have too much power over people’s personal belongings and information. This protects the right to people’s privacy; and it prevents prevents unreasonable search and seizures. When this country first formed, the Constitution…

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Fourth Amendment Exceptions

The Fourth Amendment "right of the people is to be secure in their persons, house, papers and effects against unreasonable searches and seizures" (Ferdico, Fradella and Totten 2009, 20)., however there are some exceptions to the search warrant requirement. "Exigent circumstances is a serious situation developing suddenly and unexpectedly that demand immediate action rather than conformity with the usual requirements of law" ( Ferdico, Fradella and Totten, 2009, 609). The Supreme Court has concluded…

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The Importance Of The Fourth Amendment

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 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…

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Case Study: Kyllo V. United Sates

Lee Kyllo’s triplex falls under the Fourth Amendment and therefore unconstitutional in nature. In addition to examining Katz v. United States and Karo v. United States as precedent cases, there are a number of questions that I addressed to arrive at this decision. What was the probable cause to search the triplex? How does this decision impact police power and the safety of the people? What stance will this court take on the enforcement of the Fourth Amendment? Ultimately, I hold that where the government…

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Questions On Civil Law

The person who suffered harm The state Wrongful Act Causing harm to a person or to a person’s property Violating a statute that prohibits some type of activity Burden of Proof Preponderance of the evidence Beyond a reasonable doubt Verdict Three-Fourths Majority (typically) Unanimous (almost Always) Remedy Damages to compensate for the harm or a decree to achieve an equitable result Punishment (fine, imprisonment, or death). White Collar Crime- involves an illegal act or series of acts…

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Argumentative Essay

The Fourth Amendment states that “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 and or things to be seized.”5 Many argue that searching students for drugs violates their Fourth Amendment right not to be subjected to unreasonable search…

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