A discussion on the protection of people provided by the fourth amendment

A discussion on the protection of people provided by the fourth amendment

This prohibition became a precedent for the Fourth Amendment: [14] That general warrants, whereby any officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offense is not particularly described and supported by evidence, are grievous and oppressive and ought not to be granted.

Can the officer do that? City of Indianapolis v. In Semayne's caseSir Edward Coke famously stated: "The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose.

4th amendment simplified

The way that the Fourth Amendment most commonly is put into practice is in criminal proceedings. Montoya de Hernandez, U. Robinson, U.

4th amendment rights

If it still tests positive, the student and parent are notified and asked to supply any evidence that might provide an innocent explanation for the result for example, evidence that the student was taking a prescription drug. Bertine, U. The lingering question remains: what is reasonable? TLO, U. Prouse , the Court ruled an officer has made an illegal seizure when he stops an automobile and detains the driver in order to check his driver's license and the registration of the automobile, unless the officer has articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or either the vehicle or an occupant is otherwise subject to seizure for violation of law. The following review of Fourth Amendment case law sets forth several tests by which privacy has been established, denied, or forfeited, and the social context in which those tests have been applied. New York, U. Two recent cases shed light on the Court's current direction. The U. Supreme Court decisions, there appears to be an emerging consensus among the public favoring relaxed rules on police conduct in search and seizure situations.

Lidsterthe Supreme Court allowed focused informational checkpoints. What makes some of the policies more reasonable than others?

The text of the amendment suggests that one way to meet this standard is to execute the search based on a warrant "supported by oath or affirmation, and particularly describing the place to be searched and the persons and things to be seized. Michigan Dept. What arguments could the school make in defending its policy?

4th amendment issues

Problem a. Was the police search of the garbage illegal?

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Fourth Amendment