The 4th Amendment: The Fourth Amendment To The United States

The First Amendment is the most important, because of freedom of religion and freedom of speech. Many people think that the fourth amendment is the most important. They think this, because it is important for a person to be able to tell policemen “No” if they ask you if they could search your car or your house. I believe that the fourth amendment is really important, but you wouldn’t be able to tell the policemen “No” if you didn’t have freedom of speech. George Washington said,”If the freedom of speech is taken away then dumb and silent we may be, like sheep to the slaughter” (“Famous Quotes Freedom of Speech”).Without freedom of speech and religion we are nothing.

Peter Crumans 4th amendments were not violated when he was compelled to show his Facebook page. School officials were trying to protect the wellbeing of their students, therefore trying to get to the bottom of what this tip was about and needed to search the suspected student who after a little persistence began to cooperate. Principal Lyons received an anonymous tip that Peter Curman had posted that he would be conducting a few sales of illegal drugs on school property giving him reasonable suspicion to search the student. In the case of New Jersey vs. T.L.O school officials were able to search a student due to reasonable suspicion for violations on school property, therefore giving principal Lyons justification because he not only received

Supreme Court also ruled that any state officials that obtain evidence by the process of illegal seizure or searches may not admit the evidence into criminal trials. The Fourth Amendment protects the rights of citizens from unreasonable seizures and searches (Pearson Education). This decision by the U.S. Supreme Court enforces the exclusionary rule of search and seizures to the all levels of the government and limits the powers that police officers have over citizens by protecting their Fourth Amendment rights (Oyez Project). This case and the decision of the U.S. Supreme Court has redefined the rights of citizens accused of crimes. The decision is controversial because it makes it difficult to determine when or how the exclusionary rule is applied.

In the foundational case of Katz v. United States, 389 U.S. 347 (1967), the Supreme Court broadened the scope of the Fourth Amendment by holding that it applies when there is a reasonable expectation of privacy. Looking further, does that mean that the government can contradict all Fourth Amendment protections by saying that employees should have no hope of privacy, according to the department’s policies? Determining the reasonableness of any search involves a twofold inquiry: first, one must consider 'whether the . . . action was justified at its inception'; second, one must determine whether the search as actually conducted 'was reasonably related in scope to the circumstances which justified the interference in the first place (Chemerinksy, E., 2010). The court decided this way because they majority felt that the searching of the home with the police dog is within the Fourth Amendment rights and was a reasonable search.

Unspoken: Miranda; More Than Words The Fourth Amendment , “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” In Johnson v. United States (1948), officers smelled burning opium from the window of a hotel, the officers entered without warning, found the only occupant and had him persecuted. Though the man had committed the crime, he did not agree that the officers enter his hotel room or go through his belongings. Clearly this is a huge invasion of privacy and should be confronted by allowing one to know their right to decline. On that note, if there is any suspicion that narcotics are involved in a certain case there should be consequences,

If a natural disaster strikes my area and the power is out for weeks, one of the limitations would be that the people would not feel that safe. Security wouldn't be enforced and since there is no security, there could be several possibilities of theft. Another limitation would be searches for any and everything. Both of these limitations should be practiced, so even if there is a national disaster we could be ready. The 4th amendment can be used as an explanation of how the limits

The 5th Amendment to the United States Constitution protects the people from the government who may attempt to force a self-incriminating confession for a capital, or otherwise infamous crime. The only time that pleading the fifth is not possible is during presentment or indictment of a Grand Jury that discusses cases arising in the Militia or public danger. What this means in layman terms is that one has the right to remain silent and not have to take the stand during his or her trial. The issue in the article pertains to the reason as to why the national missing-children’s movement was sparked. It all began back in 1979 when young Etan Patz disappeared on his way to school.

As government officials grow more and more corrupt, the need for a system of checks and balances increases. In Article 2 Section 4 of the united states constitution, a means of controlling these unacceptable behaviors was created. This established the ability to impeach a government official, including the president. Impeachment is the process of calling into question the validity or integrity of someone who holds public office. The can be impeached due to to treason, bribery, or other high crimes and misdemeanors.

The 14th amendment to the US Constitution was ratified on July 9, 1868 in order to protect the civil rights of freed slaves after the civil war. With that being said, The Dred v. Scott case in 1857 held that African Americans were not U.S. citizens, even if they were free. The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens. The 14th amendment states that" that all persons born or naturalized in the United States including African Americans are citizens of the country.

According to the Fourth Amendment, people have the right to be secure in their private property, and may only be searched with probable cause. However, in a recent case, this right was violated by the government. An Oregon citizen, with the initials of DLK, was suspected of growing marijuana in his home. The federal government used a thermal imager to scan his home, and were later given a warrant to physically search his home. However, many remain divided over whether or not this scan was constitutional, as there was no warrant at the time of the scan.

The Fourth Amendment requires a probable cause for arrest. Substantially, particular things are needed to legally conduct a search or seizure. This incorporates arrest, so a search, a seizure, or an arrest cannot take place without reason. Not to mention, there must be a "court order" for Apple to give the government "customer data." So, since a “court order” must be in place for Apple to give the government “customer data,” that “court order” would have to also take place for an arrest that could conceivably follow.

Apple is trying to protect the American people that own any apple product from the FBI. The FBI wants apple to unlock the phone from the San Bernardino 's but Apple is not doing it because it is against the 4th amendment. Since the FBI can’t get into it because Apple can not give permission to the FBI, also they don’t have any reason to look at the phone so Apple did not allow tat to happen. My opinion on this matter is that apple is doing the right thing, if the government was able to get a hold of all the information that a single person had on their phone, I am pretty sure people would be embarrassed because of all the personal information on their phones. If Apple gave them the right to look through their phone than the 4th amendment would be compromised and then that can start an up riot.

The founders of the Constitution knew that it is important to protect citizens from violation of their privacy, especially to the respect of invasion of their homes. Therefore the fourth amendment came into existence to ensure that individuals rights will not be infringed. The fourth amendment and the exclusionary rule has protected individual rights against the police and other government agencies from, unreasonable search and seizures. Furthermore, the exclusionary rule has deterred police misconduct and as well as intended to discourage law enforcement from conducting illegal searches by stating that any evidence found during an illegal search will be dismissed and cannot be used against the defendant in a court of law. The supreme court case, Fremont weeks vs. United States, the Supreme Court ruled that since the evidence gathered during weeks case were through illegal means the court dismissed the case.

B. WARRANTLESS AND NONCONSENSUAL BLOOD TESTS ARE PRESUMPTIVELY UNREASONABLE AND MUST BE EVALUATED BASED ON THE TOTALITY OF THE CIRCUMSTANCES Reasonableness is the touchstone of Fourth Amendment analysis. Whether a search is unreasonable "depends on all of the circumstances surrounding the search or seizure and the nature of the search or seizure itself,’” and entails “‘balancing its intrusion on the individual 's Fourth Amendment interests against its promotion of legitimate governmental interests.’” Against this backdrop, at least one court has held that “a warrantless blood test, performed without consent, is presumptively unreasonable unless the state actors involved had probable cause and exigent circumstances sufficient to justify

The fourth amendment is written to limit the power the government to go in our privacy. The amendment was written in 1791, smartphones were not invented until 1992. A smartphone is part of a person’s property and the amendment says that the government cannot search a person’s property without a warrant. In other hands on a police officer point of view they should be able to search through phone with or without warrants because they have important information for a crime or a