Questions On Fourth Amendment Jurisprudence - 2218 Words

†¢ Fourth Amendment jurisprudence is primarily concentrated in four areas: 1) defining â€Å"searches†; 2) the Warrant Requirement, in which warrantless searches are semantically precluded except in specific and tightly constricted situations; 3) the Probable Cause Requirement, whose exclusive provisions are closely associated with the Warrant Requirement’s proscription of police inquiries into same; and, 4) the exclusionary rule, which presumptively excludes any information or evidence gathered in violation of the preceding two (Rickless, 2005). †¢ The Court has continued to delineate areas, which fall outside the parameters of the restrictions placed upon government officials through the Fourth Amendment. †¢ The Court has ruled that the areas carved out which include exceptions to the basic tenets of the Fourth Amendment, commonly known as warrantless searches, may be conducted if circumstances are such that the interests of society outweigh the invasiveness of the action. †¢ The Court has have recognized special situations in which warrants were not required, including: border searches; consent searches; container searches; exigent circumstances; searches incident to a lawful arrest; plain view; special needs; stop and frisk; and inventory searches. †¢ The Court has ruled that the areas carved out which include exceptions to the basic tenets of the Fourth Amendment, commonly known as warrantless searches, may beShow MoreRelatedTerry Vs. Ohio, 392 U.s.1010 Words   |  5 PagesTerry vs. Ohio, 392 U.S. 1 (1968) INTRODUCTION: In Terry vs. Ohio, 392 U.S. 1 (1968), the question of the Fourth Amendment right against unreasonable search and seizure was brought before the court system. The case looked at the admissibility of evidence discovered during search and seizure, in particular, as it relates to street encounters and investigations between citizens and officers of the law. The Supreme Court of Ohio reviewed the decision of the 5th Ohio Court of Appeals. This case wasRead MoreTechnology : Infringing On Liberty1367 Words   |  6 Pagesbooks, banking information, calendars, text messages, emails, photos, browsing history, and social media applications.† Most Americans would avow that there is a â€Å"high expectation of privacy in their cell phones’ contents.† So the question becomes, does the Fourth Amendment offer cell phone users protection from unlawful search and seizures? II. Background In 2010, â€Å"there were approximately 292.8 million cell phone users in the United States.† Traditionally, cell phones have been defined as â€Å"smallRead MoreThe First Amendment And Technology1681 Words   |  7 Pages 4th Amendment and Technology Zach Caulum CRMJ 240 Professor Bushong 9/26/2015 â€Æ' Introduction In the twenty-first century there have been many advances in technology which grant us view of more places than we used to be able to see. But with that where do the boundaries lie when using said technology. The history of the Fourth amendment helps to shape how we think about certain issues today, because some of the earlier cases serve as a precedent for the modern fourth amendment cases. ThereRead MorePolice Requirements for Certain Tasks Essay1246 Words   |  5 Pagesfollowing: †¢ Search a home suspected of containing marijuana: If the police suspect that a home contains marijuana, they must first obtain a search warrant under the Fourth Amendment, unless there are exigent circumstances such as destruction of evidence, hot pursuit, or some other exception that applies. Although the Fourth Amendment protects a man’s home, neither the home nor all the surrounding objects are beyond the capacity of being searched under proper circumstances. If the police officersRead MoreThe Film Behind the Green Door 2202 Words   |  9 Pagesactivity at the theater. The investigating officers were members of the Fulton County Solicitor General’s office. The investigation began when the officers began viewing a film that was authorized and played at the Paris Art Theater. The film in question was â€Å"Behind the Green Door†. After viewing the film the officers went and obtained a legal warrant for seizure purposes. The officers returned to the theater and watched the film in its entirety one extra time. After the completion of the film theRead MoreThe Safety And Dignity Of Detainees1786 Words   |  8 Pages The Safety and Dignity of Detainees Does the policy of strip searching impede on the Fourth and Fourteenth Amendment rights of individuals as outlined in the United States Constitution? In Florence v. Board of Chosen Freeholder of County of Burlington et al this question arises when the petitioner was stopped at a traffic stop, and upon a database search it was discovered he had an outstanding warrant for his arrest to due to failure to pay a fine. The petitioner was sent to Burlington County CorrectionalRead More`` Domestic Drones `` : The Problems That Ensue From The Flaws Unmanned Aircraft Safety1045 Words   |  5 Pageshowever, provides several security concerns, including a possible invasion of privacy and relaxed consequences of misuse. The debatable question here is whether drone surveillance by police should always require a warrant (McGlynn). By analyzing two opposing viewpoints on this topic through an in-depth observation of its use of logos, pathos, and ethos, this question can be addressed with professio nally formulated perspectives. Amie Stepanovich stands on the pro side. She appeals to ethos becauseRead MoreAffirmative Action And The Law Of The United States Of America1496 Words   |  6 PagesLaw of the United States of America. It evolved from being an administrative practice of the state and interventionist measures of the President to a way to enshrine the right to equality under the jurisprudence of the Supreme Court and the incorporation into the constitution plexus of the 14th amendment where it is stated that no state may deny within its jurisdiction the protection of the law to all its inhabitants. However, despite efforts, gaps in the conceptualization of the regulations andRead MoreThe Current State Of Fourth Amendment Law Essay2841 Words   |  12 Pagescom/img/privacy-quotes/9730413/] This paper is intended to discuss the current state of Fourth Amendment law and evaluate the legality of State and Local governments use of drones as an extension of the state government?s police powers. The paper will proceed first by examining the current state of Fourth Amendment jurisprudence with particular attention paid to how courts have historically reconciled Fourth Amendment rights with State Government?s use of emerging technology to advance the state?s policingRead MoreWilliam Served As A Justice Of The Supreme Court1806 Words   |  8 Pageshas served as the court conservative ideologue. William served as a chief justice of the Supreme Court from September 26, 1986 to September 3, 2005. During his time that he served as a Supreme Court judge, he wrote majority of opinions on the fourth amendment with included searches, seizures and traffic stops. Rehnquist argued about conservative views in a number of cases held by the Supreme Court. â€Å"His writings were mostly fo r the majority or dissenting opinions. Rehnquist had recognized his conservative