Fourth Amendment Essay

The Exclusionary Rule The exclusionary rule exists so that the government cannot use evidence if it is seized in violation of the Fourth Amendment of the United States Constitution (Carlson, 2017). That is to say that there are certain requirements that are needed in different situations to search an individual. Each situation is different It should be noted that different situations will create different standards and requirements as it pertains to searching and individual or property. As an

Thermal imagers have been used in the past primarily for war related causes. Recently, in 2001, a supreme court case was settled and would ultimately decide, the relationship between the fourth amendment and modern technology. Police officers in Oregon used a thermal imager to analyze the heat signature of a private residence. They subsequently noticed an unusual amount of heat coming from the garage of the house; consistent with marijuana growth due to artificial lightning. This evidence was used

agents to obtain a search warrant, discover marijuana plants, and arrest DLK. However, the legality of the thermal scan has been much debated due to the nature of its usage. Federal agents’ thermal imaging of DLK’s residence did not violate DLK’s Fourth Amendment rights, as

exclusionary rule was put in place to do just that. A legal rule, which is derived from constitutional law, this rule protects citizens by preventing evidence to be presented at trial that was obtained while violating the defendants Fourth Amendment rights. The Fourth Amendment protects citizens against illegal search and seizure, therefore any evidence that is collected by law enforcement illegal will not be admissible in court the court of law. The exclusionary rule is frequently used in the American

In case one, the police believed that the man was in possession of drugs and as a result of this, they searched him. Based on my understanding for the Fourth Amendment, in the case of Stop and Frisk, I believe that the officer should have questioned the man then frisk him before he continued to search him by putting his hand into the man’s pocket. I say this because there was reasonable suspicion. Similarly, in case two, the police were in search of a man in order to question him about a recent

brought about many civil cases. Publicized warrant cases have changed the way warrantless searches are conducted. The privacy of individuals is a very sensitive subject and our right to privacy is clearly stated in the 4th amendment, Bill of Rights. The original notion in the 4th amendment is “each man’s home is a castle” (Legal Information Institute, 2014). "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, not be violated, and

twenty-seven amendments. The three articles are divided by the Legislative Branch, the Executive Branch, and the Judicial Branch. Each branch has their own power but each branch also uses checks and balances so one branch does not become more powerful than the other two. The Constitution was written so every man and woman had equal rights. The first ten amendments are known as the Bill of Rights. When people hear the term “Bill of Rights” many people think of just the first amendment which deals

refuse to take drug test prior to receiving their welfare checks. Since 1996 there has been a call for welfare reform to drug test recipients prior to admission, but any attempts have been unsuccessful because they are viewed as a violation of the fourth amendment, more harmful for children, and an unnecessary expense. These common fallacies have been the main arguments leading the anti-drug testing campaign, but in the past few years many taxpayers have grown increasingly tired of their money being given

stating that it was against his 4th Amendment rights to be searched for weapons by an off duty police officer without probable cause for arrest. On June 10, 1968 the Supreme Court ruled 8-1 in favor of the policeman stating he had more than enough reason to stop these men and conduct a search. This case has been used as a guideline in many other rulings since 1968 that involve what may or may not be an “unreasonable search and seizure” under the 4th Amendment. Background On October 31, 1963, Cleveland

the United States. For many decades, people in African American communities have been subjected to violence by those in the law enforcement in the United States. Many U.S. citizens defines if the law enforcements are performing their job correctly. Examples of police brutality in America are: unjustified shootings, and severe beatings are rough treatments that have contributed to the problem. Police brutality occurs in prisons, where the prisoners are mistreated, because it becomes case of authority