Essays on Fourth Amendment

Perhaps one of the most commonly known rights guaranteed by the first ten amendments to the Constitution is the Fourth Amendment’s “right of the people to be secure in their persons, houses, papers and effects against unreasonable searches” (U.S. Const. amend IV). Interestingly, while the meaning of the term “unreasonable” might seem intuitive, the Framers of the Constitution did not provide a specific or detailed definition of it. However, after the Supreme Court; relying on the fact that Article III of the Constitution vested the Court with the judicial power to “all cases” that arise under the “Constitution, ...

Parties:

Frederick E. Adams (petitioner) v. Robert Williams (respondent)

Facts:

On the morning of 30th October 1966 in Bridgeport, Connecticut an individual approached a policeman and informed him of another individual in a nearby vehicle who had a gun and carrying narcotics (Vile & Hudson, 2013). The policeman acted on the tip and asked the vehicle’s occupant, Robert Williams to open the door. Instead, Williams rolled down the window and the policeman reached into the car and retrieved a gun from William’s waist band (Justia, 2017). William was arrested for unlawful possession of fire arm and a search on his ...

Introduction

Every US citizen has a right not to have their privacy unreasonably intruded into according to the Fourth Amendment to the US Constitution. Moreover, under this Amendment, search warrants shall not be issued to law enforcement officers unless there is probable cause that particularly describes the specific place that the police needs to search or the things subject to seizure. In the state of Florida, for example, the requirements of a search warrant are provided under Chapter 933 and include the existence of probable cause, search for only the property specified in the warrant, supported by an affirmation or ...

The exclusionary rule holds that, when the police violate a suspect’s constitutional rights, that suspect has the option of requesting a court to “exclude” or declare inadmissible any evidence that was obtained as a result of the constitutional violation. The exclusionary rule is not a constitutional right but rather a judicial tool established by the Supreme Court in 1914, as a means of deterring police officers and law enforcement officials from violating the Constitution when arresting suspects and conducting criminal investigation (Weeks v. United States, 1914). Up until 1961, the exclusionary rule was only available to defendants in ...

Parties: Charles Katz (Defendant-Applicant) v. United States (Plaintiff-Respondent)

Facts: Katz had long been suspected by police to be involved in the local illegal gambling scene. In an effort to obtain credible evidence of his illegal activities, the police placed Katz under surveillance (Katz v United States, 1967). That surveillance revealed that Katz liked to use a particular phone booth, which police suspected Katz used to place bets. Consequently, the police attached a “big” or listening device to the phone booth in order to record Katz’s conversation and hopefully obtain evidence against him. The bug was able to record Katz making bets and the police used those ...

In terms of judicial interpretation, the fact of the matter is that there is no one “proper” way to interpret the Constitution; there is a wrong way to interpret it. Moreover, as all judges are human, there is no way that a judge can or will be able to separate completely, who they are and, as Justice Sotomayor said, their “background and experiences,” from their judicial decision-making. For example, an African American or Latino judge that has been profiled by a police officer during their youth must necessarily have a different interpretation of the parameters of the Fourth Amendment ...

Abstract

The United States Bill of Right is scattered in several Amendments of the Constitution due to the progressive developmental history of the U.S law and Constitution. Each amendment either introduced a new right or enhanced on the existing one. Of essence to my discussion, however, is the Due Process Clause was introduced in the American Bill of Rights by the Fourth Amendment to the U.S Constitution. As per the Amendment, no state should deprive any person his or her life, liberty, or property without following the due process of the law. In the Fifth Amendment, a similar stand was ...

Discussion on Various Topics

The problem relates to how marijuana should be legalized throughout the United States. There are now twenty-four U.S. jurisdictions that have enacted medical marijuana laws (MMLs), or laws that protect individuals who use marijuana upon recommendation of physicians, farmers who plant and supply the market, and doctors who issue prescription regarding use of marijuana (Smart 1). The legalization of medical marijuana will create a need for change, for example, new laws, policies, knowledge of medical and psychological effects, and education to help people understand the proper use of marijuana. There are many issues to be resolved if legalization of ...

Fourth, Fifth, and Sixth Amendments to the U.S. Constitution

Introduction

The United States Constitution was framed without a Bill of Rights, and subsequent amendments came to be parts of the Bill of Rights, although this was framed amid the lack of confidence of an oppressive regime. The fourth, fifth, and sixth amendments provided rules to safeguard individual liberty. The Sixth Amendment protects citizens against unfair denials of life and liberty by ordering the federal government to give protections to all suspected criminal offenders (Chhablani, 2008).

The Fourth Amendment protects citizens against unpredictable violations of privacy by government authorities. This protects ...

DNA tracing has been a helpful way of identifying an unknown person. As a matter of fact, this advantage is being used in forensic investigations which will completely recognize the identity of an individual when being logged in the database. However, this brings about risk in the privacy and confidentiality of an individual. Therefore, DNA database should not be used for commercial purposes. A DNA profile,which is stored in database, is not only used to identify a single individual, but it also allows to track close relatives using the information which can be located in a single DNA ...

Abstract

This article will examine the validity of arrests made by police officers upon appeal of the defendants claiming that their 4th and 5th amendment rights have been violated by the police officers. This paper will present to cases decided by the US Supreme Court that will explain if the arrests made by the police officers were valid and the issues raised by the defendants in accordance to the rights under the 4th and 5th amendment. There will be a discussion on whether the ruling of the Supreme Court was justifiable. There will also a brief discussion on the exceptions ...

If the police tap into the local telephone exchange of AT&T to know when a certain phone number becomes active with users without a warrant, the case will face a very difficult suppression motion. There is a safeguard against such processes; the Fourth Amendment. Hypothetically, if the police attempt to stake out a suspect’s location and try to get information whenever someone makes a call from the property, a warrant becomes mandatory. However, it is surprising the courts find that a warrant is unnecessary. The interpretation of the law should coexist along with the context in order to ...

Abstract

The criminal justice system in the United States provides Constitutional guarantees for all who are subject to the laws of the land. The three most controversial aspects of this system today are Search and Seizure, arrest, and interrogations. While these three aspects are the foundation of police action throughout the nation, there are several unresolved problems in how each of these processes is in use today. The presence of the law is not always the same as upholding it. The cases which made the case for the citizens are moving into obscurity with modern variations of the problems making ...

Dennys Rodriguez v the United States 575 U.S. ___ (2015)

The United States Supreme Court The Supreme Court of the United States The Judge Writing the Decision Justice Ruth Bader Ginsburg Facts of the Case/Brief Summary The main issue for the court’s determination here was the constitutionality of an extended traffic stop, search, and seizure using a law enforcement officer’s detection dog to cover areas not initially covered by the reasonable suspicion of an offence having been committed. The brief facts are that the appellant was driving in violation of the laws of Nebraska State. Officer Struble ...

Abstract

The Fourth Amendment Act was set in place in the US constitution to ensure and assure privacy for the citizens. The Act and its application have been subject to scrutiny as to whether it is a broken promise or not. Terrorist activities have interfered with security globally and in the US particularly since the 9/11 attacks that claimed the lives of many Americans not to mention other victims. War on terrorism has been beefed up globally for the purpose of combating the crime. However, the said war on terror has been used as an excuse for the intrusion to ...

(College/Professor) (Course/Major)

If a defendant has prior warrants issued against them, and the police officers know of this fact, any evidence found at an illegal stop can be used against the suspects in court. In essence, the High Court affirmed that such searches do not impinge on the Fourth Amendment when the warrant is enforceable and unrelated to the behavior that required the stop. This opinion, rendered by Justice Clarence Thomas, drew a stern condemnation from Justice Sonia Sotomayor, who averred that the decision will affirm illegal police practices of targeting racial minorities and use the decision to further ...

The “exclusionary rule” is one of the most important elements of United States criminal procedure law, but it is not found in the Constitution. Indeed, the exclusionary rule is a court created procedure that allows a judge to declare inadmissible any testimony or evidence presented at trial that was result of or otherwise obtained in violation of the Bill of Rights’ Fourth, Fifth, or Sixth Amendments. In other words, while the basis of the exclusionary rule is the Constitution, it is not a constitutional right. Rather the exclusionary rule was created as a means for the court to prevent ...

The Fourth Amendment is part of the United States Constitution. It protects citizens from unlawful situations and offers guidelines that must be followed in the criminal justice system. The Fourth Amendment allows people to be safe in their homes and their personal belongings to secure as well. This means that a person should be able to do as they please in their home without the legal system coming into the home. If a warrant is issued and signed by a Judge, then this gives the authority the right to enter a person’s home and search for items. “The ...

Introduction

According to the Federal Bureau of Investigations, organized crime is any organization having some sort of formal structure with the main objective of making a profit through illegal activities. The groups typically maintain their position in society through the uses of violence, bribery, and extortion and have significant impacts on the development and security of a nation. It is therefore very critical to control organized crime so as to reduce its local, national, and regional impacts.

Problems Created and Relationships Established by Organized Crime

In recent years, organized crime has shown increased capability in adapting to rapid changes in the economic, political, and social spheres (Mezoul, 2012). ...

In the preamble to the United States Constitution, the Framers established that three of the fundamental responsibilities of the government was to “insure domestic tranquility”, “provide for a common defense” and “secure the blessings of liberty”. In other words, the government has a duty to protect the nation and its people from harm. The Declaration of Independence, however, states that there are certain unalienable rights that every citizen possesses. Moreover, the Bill of Rights, lists a number of the unalienable rights, such as privacy, freedom of expression, and due process of the law, which the Framers felt were important ...

Introduction

The United States Constitution can be described as the highest law of the land. During court proceedings, the constitution is the supreme law that is applicable in determining the outcome of criminal litigation, but other laws arise from the Amendments to the Constitution. The United States Constitution often guides how the government should function, the jurisdiction of the presidency, American Congress, and the Supreme Court. It is, however, paramount to note that all American states have their own Constitutions that they enact and follow, but the federal constitution is considered the highest law that overrides other state laws in ...

Abstract

Steven Dewayne Bond was a passenger on a Greyhound bus when a border patrol officer squeezed his luggage after conducted an immigration check of the passengers. Bond allowed the officer to open his luggage when asked, and a brick of methamphetamine was discovered that was wrapped in duct tape and rolled in a pair of pants. Bond was charged with possession and intent to distribute as well as conspiracy. In pretrial matters, Bond’s attorney filed a motion to suppress the methamphetamine claiming that the search conducted by the officer was unreasonable and in violation of the Fourth Amendment. ...

Jakubowicz v. Dittemore, 2006 U.S. Dist. [W.D. Mo.]

Prior to the trial date, the parties informed the Court that they wished to present their evidence in writing. Part of the evidence included the depositions of the Director of Facility Operations for DMH, Felix T. Vincenz, and that of the Deputy Director of DMH, Linda Roebuck. They also wanted to present in writing, various terms that the parties had adopted. The Plaintiffs also presented a memo that was dated April 6, 2005, which was marked exhibit A. Schuffman who had addressed the Memo to all DMH employees had sought to ...

The right of Americans to individual privacy has increasingly become an issue of national significance. Partly due to leaks of the National Security Agency’s (NSA) surveillance program by government contractor, Edward Snowden, American citizens’ basic right to privacy has become a subject of national debate. Not only is privacy a Constitutional Right, the right to privacy is a fundamental human right that no government should violate. Through these lenses, federal surveillance for national security purposes, invasive laws that affect our bodies, and telecommunications monitoring should be called into question, and rescinded. The US Constitution’s Bill of Rights ...

Introduction

President George W. Bush signed the USA Patriotic Act into law following the September 11 attacks. It was designed so as to improve the anti-terrorism investigations by the federal authorities. Among the primary purposes of this act is to improve the law enforcement investigation tools and prevent as well as punish the acts of terrorism in the country and other parts of the world. It is vital to note that this antiterrorism law removed the legal barriers, which were blocking the federal defense, intelligence, and law enforcement agencies from exchanging the information regarding possible terrorist threats. The present paper ...

Introduction

The law enforcement, as well as crime prevention, have essentially been revolutionized in this age of social media. In point of fact, the social network services have significantly increased the communication between the citizens and the law enforcement agencies. Besides, these services are more and more being utilized in criminal and legal investigations by the law enforcement agencies. The government agencies mine the social media websites for evidence (Murphy & Fontecilla 5). It is vital to note that the police departments in different parts of the world have significantly reduced crimes thanks to the use of social media. In essence, ...

The Fourth Amendment protects citizens from unlawful search and seizure of property without a warrant. The aim of the amendment is to make sure that the law enforcement agencies do not overstep their mandate when executing their duties. Additionally, the amendment is meant to ensure that the citizens’ right to privacy is protected. The Mapp v. Ohio case brought out some fundamental facts regarding the Fourth Amendment. The Supreme Court ruled that the law enforcement officers breached the Exclusionary Act, which is contrary to the spirit of the U.S Constitution. The evidence used against Mapp was obtained illegally; therefore, ...

Final Case Study: Aviation/Aerospace Security Issues

It is the Fourth Amendment to the Constitution of the United States that is at issue with regards to individual privacy rights from federal government authorities and airport searchers. This amendment, in particular, states that the people have the right of being secure in their houses, persons, effects, against unwarranted seizures and searches, not to be violated. And that no warrants will be issued, but only upon probable cause, having the support of affirmation or oath, and in particular, describing the specific place to undergo search including things or persons for seizure (Harawa, 2013). Therefore, on face value, the ...

Government Survaillance is unconstitutional and should not be conducted. It deprives citizens their right of liberty. Peolpe’s privacy should not be sacrificed for the sake of security. Security concerns have often been used to justify a breach of citizens’ privacy. Law enforcement groups have created different measures such as the use of surveillance cameras including in many public places to monitor the activities of unsuspecting citizens. In the surveillance process, the agencies involved use high-tech machines. These devices are controlled from a private area and are mostly invisible to the public (Norris, 2010). The tools are made in ...

Is the U.S Southern Border patrol Effective?

Abstract The primary role of the United States border patrol is to detect and prevent illegal aliens from getting into the country. Furthermore, it also plays a big role in preventing human trafficking. All kinds of people with ill intentions do find their way into America. Such individuals are a threat to the security of American citizens. They participate in acts such as smuggling, robberies, homicides and murder cases. In fact, a significant portion of the prison population in America is composed of illegal immigrants. Moreover, these people become a burden to the government since they increase capital expenditures ...

The United States judicial system offers certain protections for criminal suspects who are at risk of arrest or a search without a warrant. One of the most important safeguards afforded under the U.S. Constitution is the 4th amendment, which prevents government officials from illegally searching individuals or seizing property without following standard procedure. The concept has evolved over time, and the exclusionary rule is now the primary way to defend people from illegal search and seizure by government officials. However, history has shown that this is an ineffective solution because it allows those who would have been convicted to ...

1. Explain in detail the Exclusionary Rule. The Exclusionary Rule is the rule that is generated by the law under the constitutional rights. It does not allow the use of any of the non-legal obtained proof in the trials for criminal under the fourth amendment. It will usually apply for the elimination of the physical evident. The best example of exclusionary rule is stolen property, murder, or weapons that allows the police to catch a break in a case under the rights of the fourth amendment. The exclusionary rule could be under the Fifth Amendment, when no person can ...

I. Introduction The Fourth Amendment prohibits the government from conducting “unreasonable search and seizures” on the public. While reasonableness depends on the circumstances, such whether the act is a search or a seizure, the United State Supreme Court has, nevertheless, determined that a reasonable governmental search or seizure of a person occurs with a warrant or probable cause of criminal activity (Miller et al., 2012). Absent a warrant or probable cause, a search or a seizure can still be reasonable if it satisfies one of a number of exceptions to the general rule. Accordingly, in the cases of Betsy ...

Part 1: Research Proposal

Introduction The Constitution has always protected the privacy of citizens, but the increased advancement of technology is becoming a threat. Technology is threatening to redefine the privacy of individuals for it to operate efficiently. One of the inventions that have collided with the individual expectations of privacy, which are protected by the Fourth Amendment, is drones. These devices can be used for surveillance (especially against terrorism) and aid in the achievement of the requirements of the Patriot Act. The drones can capture high-resolution images and videos from a distance and transmit them to the source. The American citizens fear ...

Introduction

The court practice of the United States of America demonstrates that the First, the Fourth, the Eight and the Fourteenth Amendments to the United States Constitution are the most frequently invoked constitutional provisions in the country. Procedural violations of these Amendments are effective tools in the hands of skillful criminal defense attorneys. Analyzing the court practice is the only way to understand viewpoints of the judiciary on these sensitive topics, and to avoid perpetrating procedural mistakes in the future. This paper seeks to analyze the most landmark cases connected with the alleged violations of the First, the Fourth, the ...

Criminal justice system has undergone tremendous changes. The advancement of technology has enhanced forensic investigation. Frye is one of the debated and cryptic decision in the United States jurisprudence. James Frye was tried in court for second-degree murder. James based his defense on systolic blood pressure test, but the court did not allow his testimony. The District of Columbia Court of Appeal put into consideration Frye’s testimony and argument. Frye test refers to the test that is streamlined towards determining the admissibility of various scientific evidence. It entails admitting scientific evidence at a trial process. The test was ...

Annotated Bibliography

Bambauer, Jane. "Hassle." Michigan Law Review 113.4 (2015): 461-511. Print. Bambauer suggests that Searches and seizure in schools are in other words a debate about the privacy of individuals and the extent to which the state or anybody is able to invade an individual’s private life. Despite the fact that this may seem insignificant, a student’s locker in most cases is the only private space that a student has in a communal atmosphere of the school. In many occasions, the debate about searches and seizure is seen as an American issue. However, this can apply to ...

Abstract

The paper investigates Steiney Richards, Petitioner v. Wisconsin case in order to justify whether the police officers’ use of deceptive means and forcible entry into Richards’ room violates the protection rights granted by the Fourth Amendment. It offers a summary of the case, thereby presenting the issue of the case. The paper also analyzes the Wisconsin Supreme Court’s judgment by evaluating the facts of the case. It presents the reasons offered by Richards in favor of his privacy interests and compares them with the reasons offered by police officers to gain forcible entry into Richards’ room. Therefore, the ...

Introduction

Criminal law and even general law enforcement have several rules and regulations that are implemented in order to procure a more stable and relatively just and safe environment for the people of a country. The Constitution allows several statutes which determine how criminals and deviants are supposed to be treated. This is important so that their treatment and procedure of treatment serve as a deterrent for the rest of the people, and they are able to understand how truthfully justice has been served. There are several domains of this procedure as described in criminal law and comes under search ...

Data Mining has created a great deal of controversy in the business world due to the fact that it violates many principles of privacy. Where we run into issues with protecting privacy is a result of the strict confidentiality laws that exist in the United States. Consumers ideally do not want companies having access to information about their purchasing patterns. Essentially, customers do not want the hassle of receiving more advertisements than they already do. Data Mining has been seen as the enemy to the consumer because in the modern age that we live in, there is not a ...

Can you (or Mr. Youprop’s Supervisor) search Youprop’s personal vehicle parked in the Company lot for digital evidence?

No. The situation that has been developed after the incidence with Mr. Youprop is a matter that needs to be handled delicately because of the possibility of application of the 4th amendment. Privacy, particularly in areas of work has been an issue that is steadily gaining attention from the justice system. More people are currently concerned with matters of employee searches, be it their personal property or their workspaces. Workers such as Mr., Youprop are usually searched when they are suspected of theft. One of the best ways to handle this issue with minimal law infringement would be, first ...

Katz v. United States, 389 U.S. 347 (1967) Privacy issues remain one of the key issues in criminal law and entire legal justice system. Katz v. United States, 389 U.S. 347 (1967) is one of the famous cases that highlights the nature of the right to privacy and provides legal definition of a legal search. The court’s ruling refined the former definition of the legal search and legal seizure clauses of the Fourth Amendment to consider infringement with any kind of communication technology as a search (Brandon Garrett, The right to privacy (Rosen Pub. Group) (2001) (Garrett, 2001). ...

Introduction

Before this case of Mapp v. Ohio, it was inadmissible in a federal court of law to use evidence that had been obtained in violation of the 4th amendment, if federal officers had obtained that information. On the other hand, in a state court, law enforcement officers – whether federal or state - could take evidence seized in violation of the amendment and present it to the state courts. As a result, someone could be prosecuted criminally in state courts based on evidence acquired in breach of the 4th amendment. Mapp v. Ohio is a benchmark case that led to ...

Business Law

Without the Supremacy Clause, there would always be overlapping and conflicting federal and state law. The Supremacy Clause ensures that federal law always preempts state law if there is a conflict. In the absence of a Supremacy Clause, there would be a floodgate of litigation regarding choice of law questions and which law applies to a particular case. In this case, Wyeth did act ethically because if a large drug-manufacturing company immediately admitted to liability every time a plaintiff sued, alleging negligence, the company would surely go bankrupt. In the face of a civil suit, the company is entitled ...

When dealing with terrorism, we are battling a new sort of enemy. Our new enemy surely requires a new strategy to combat its weaknesses; however, with terrorism, the terrorist invariably has the upper hand because they exist on an entirely different plane than ever before. Thus, as policy drafters, it begs the question of how on earth do we search for these enemies that are lying in wait all over the globe? The answer thus far has been to use more technologies to attempt to track down these individuals. For example, the terrorists who attacked in 9/11 were in ...

The scenario as set out in the question is one that has to be looked into keenly, critically identifying and isolating the various relevant events that directly or indirectly impact on the relevance and admissibility of evidence discovered and/or obtained at a crime scene. This paper intends to identify the relevant events with regards to the collection and/or obtaining of evidence relevant to the scenario and state whether each piece of evidence obtained is admissible or inadmissible; and backing up the various arguments with the relevant provisions of the United States Constitution, case law and statutory positions on the subject ...

- What does the USA PATRIOT Act permit with regard to the surveillance of suspected terrorists? Based on past experiences and ongoing public debate, what public criticism might arise if I speak out in favor of increasing the use of surveillance?

The USA PATRIOT Act, which stands for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism,” holds the explicit objective of expanding surveillance activities, as part of an immediate response to the September 11, 2001 (9/11) attacks (EPIC). Being a counterterrorist response by Congress, the USA PATRIOT Act was signed into law by ...

Policy and procedure directives are meant to ensure that all actions taken in every institution of the criminal justice system abides not only to the federal constitution, but also to ethics and human rights. Therefore, when policies and procedures are being drafted, their main foundation is the constitution. However, as history has shown, things are not always direct in the criminal justice system. An action taken in criminal justice system such a jail and that seemingly abides by the constitution may later be interpreted as an infringement on the constitutional right of the defendant. Such is the case of Carter ...

The notable actions of the case in the Norfolk case is that they arrived very fast after receiving a call from William a neighbour to the deceased ``woman”. In most instances, Police take unnecessary long time before responding to a crime scene call. However, their response in this case is commendable.

Secondly, the police tried performed an examination of the body to establish the cause o f death. Police should examine a dead body in order to categorize the type of crimes suffered and the cause of the death .In this case, the police found out that the Michelle Moore had been strangled ...

The ‘exclusionary rule’ is a rule based on the Fourth Amendment of the United States Constitution which prohibits unlawful search and seizure. The exclusionary rule mandates that evidence seized in violation of the terms of the Fourth Amendment is not admissible in court and should be excluded at trial; it is an attempt to deter police misconduct and prevent them from usurping the constitutional rights of citizens. It is a rule which was originally expressed in Week v. United States, 232 U.S. 383 (1914); in 1961 the Supreme Court made the exclusionary rule applicable to the states in the case ...

The best evidence rule is codified in the Federal Rules of Evidence. Rule 1002 provides that, unless otherwise provided by the federal statutes, an original recording is required in order to prove its contents. At the same time, Rule 1003 states that the duplicate of the original recording is equally admissible unless there are genuine doubts as to the authenticity of the original piece of evidence. Rule 1004 allows not to require the original evidence if it is impossible to obtain the original by any available judicial process. The court may also admit the summary of the original evidence, ...

Introduction

Many school officials have performed countless duties and responsibilities in different level of challenges that are extremely in demand. School officials are expected to work hard with different students with different characteristics, faculty, and parents in complex circumstances. It is necessary to face multiple needs and the necessity to make decisions in accordance to the environment it belongs, in the right time, right management, and with full liability. In the legal research, the importance of the Supreme Court about the New Jersey v. T. L. O. is reviewed properly by state court cases related to the Search and Seizure ...

1. What key needs in local law enforcement agencies must be met to improve response to computer crimes? How is the issue of computer crime currently addressed, and how do you feel that law enforcement responses could improve? Explain.

The of the key needs in local law enforcement agencies in improving the response to computer crime is keeping pace with the Tech-savvy criminals. There are has been tremendous changes in the computer field. The computing environment is becoming more and more complex. As such, the computer criminals are also coming up with sophisticated ways of overcoming the security mechanism ...

Rakas v. Illinois is a criminal procedure case wherein the petitioners raised their rights to avail of the Constitutional protection provided in the Fourth Amendment of the United States Constitution that provides “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,” (Galiano, 2011).

The facts of the case involves a robbery incident that was ...

The Fourth Amendment of the U.S. Constitution affords "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." Eventually, these words attempt to defend two essential freedom goods - the right to privacy and liberty from illogical assaults. An examination happens when a belief of discretion that people considers reasonable is trespassed by a legislative ...

Weeks v. United States (1914), was a Supreme Court petition appeal for which Weeks had been convicted. The Court solidly agreed that a warrantless confiscation of property from a personal place of residence constitutes a breach of the Fourth Amendment. The case led to prevention of evidence securing in the federal exclusion rule by police officers who later gave it to the federal officers

Silverthorne Lumber v. U.S. (1920). Here, the question was to allow or not to allow products of illegal evidence in court, which would allow police to dodge the Fourth Amendment. It was held that the evidence was not admissible ...

The US PATRIOT Act

The September 11 bombings in 2001 had created a massive influx of political and domestic ruling within the United States as terrorism had caught the most powerful nation off-guard. The Bush Administration had immediately mobilized the Congress and the Senate to redraft the entire US national security framework and enhance the country’s law enforcement agencies to prevent further attacks in the nation. One of the most notable policies set after the September 11 bombings is the US PATRIOT Act, proposed to support law enforcement agencies by enabling them to check records and devices of citizens and “suspected” terrorists ...

Fundamental concepts of the Foreign Intelligence Surveillance Act (FISA)

The Act was enacted in 1978 to provide for procedures of electronic surveillance in gathering foreign intelligence (Bazan, 2008). Foreign intelligence is defined under the Act to include activities of foreign powers, foreign governments, and their assigns. It was amended in 1994 to include physical searches inside the U.S., targeting domestic residents with foreign connections. Essentially then, the term foreign does not mean that the Act applies outside U.S., but is rather used to distinguish such surveillance from domestic surveillance. The purpose of the Act is to strike a balance between the right to privacy and protection of national ...

The exclusionary rule was established by the Supreme Court in the holding in Weeks. United States. It was intended to reinforce the Constitutional Forth Amendment provision that guaranteed privacy rights. Its principle is to the effect that violation of procedural safeguards excluded evidence so gathered from the trial process.

However, the rule is not cast on stone and should be applied with exception, case in point the good faith exception. It is my contention that in the case of United States vs. Leon, the majority had a stronger argument. Reading the holding one appreciates the wisdom in the judgement delivered ...

Elite theory

The elite theory posits that the power, control and influence on government and corporations are vested on the minority. Indeed the American democracy is essentially a classical example of the elite theory. This is because of the lobbyists system of governance practiced in Washington. A perfect example of the rule of minority can be deduced on the Obamacare law that essentially gives insurances the opportunity to exploit the masses through the compulsory subscriptions as necessitated by the legislation. Thus far, no credible evidence can contradict the elite theory.

Charles Beard’s argument

The argument on property rights protection is attested by the fourth and ...