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Fourth Amendment regarding Prisoners
Jeury Nunez Reyes
John Jay College of Criminal Justice
May 18nd, 2016
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Abstract
Today our world is filled with criminals. These criminals commit their crimes, and then get caught by law enforcement agencies. They get detained, processed, and see a judge. “Guilty! I sentence you to prison for x amount of years”. After a judge says that phrase to an offender, at that very moment you end up having limited rights. After one is convicted of a crime/ offense, one’s constitutional rights are taken away. One of the most controversial amendments that aren’t applied to prisoners is the fourth Amendment of the U.S. constitution.The fourth amendment to the United States
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Just like there is a side that supports the fact that there rights are limited, there is always and opposite side to an issue.The fourth amendment is one of the most controversial amendments where there is always an uprising conflict surrounding it. There have significant cases that have had an impact on how the correctional system imposes the fourth amendment in jails and prisons. Hudson v Palmer is a famous Supreme Court case where a prison guard conducted a pat down on Russel Thomas Palmer at an inmate state penitentiary. Palmer has expressed that the officer had conducted the search and seizure as harassment towards him and that there wasn’t an intended reason to be searched at all. It could’ve been true, since correction officers since they have the power and the authority, they do as pleased. Palmer’s attorney claimed that "because searches and seizures to harass are unreasonable, a prisoner has reasonable expectation of privacy not to have his cell, locker, personal effects, person invaded for such a purpose.” He then added that a "shakedown" search (such as was administered by Hudson) was an intentional and unreasonable action by a state officer. Palmer asserted that the officer didn’t have a valuable reason to search his cell and also that he issued a false charge of destroying prison property.Citing findings of the U.S. court of appeals, Palmer 's attorney argued that because
In the supreme court Muehler v. Mena case, Mena sued the officers in federal district court for violating her 4th amendments rights. The fourth amendment protects people from unreasonable searches and seizures by the government. The officers heard that there was that she was affiliated with gang violence and deadly weapons so they searched the house that Mena and others were in. The officers did things like handcuff Mena and the others. They also questioned her about her immigration status. She believed this violated her 4th amendment rights that should protect her from unreasonable searches and seizures by the government. Mena tried suing the officers in federal district court for violating her Fourth Amendment rights after this. She felt
In this case, I am presenting an individual citizens Fourth Amendment protection captivated from Jones and others individuals. The government started investigating Jones with a suspicions conspiracy of drug trafficking. A tracking device installed on the defendants’ vehicle after a terminated authorize a warrant permanent to the Government to search and install a GPA on Jones vehicle. Antoine Jones and others with the same conspiracy of the investigation were sentenced life imprisoned by the District Court Juries of Washington District of Columbia. The jury found Jones guilty of drug trafficking and possessions. The 12 amendments proposed in 1789, that constitutions the Bill of Rights under no circumstance to protections individualities
As we grow up, there are certain rights that we develop as people as we age. For example, at the age of 18 we are given the right to vote in elections as well as purchase tobacco if we so choose too. But there are certain rights, given to all citizens of the United States, independent of age, that also can not be taken away. As an example, the 1st amendment allows for the freedom of religion, press, speech, assembly, and petition. The 14th amendment gives citizenship to all people who are born or naturalized in the United States. In today’s day in age however, one amendment has become quite controversial, the 4th amendment. This amendment protects people against unreasonable and unlawful search and seizure and that warrants may not be issued unless there is probable cause. What becomes controversial now is whether or not this amendment includes the protection of what a person says or does on the internet as well as what a person says to another well calling another person. The 4th amendment reads, “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.” In its current phrasing it is vague enough to push the boundaries of what is protected and what isn’t. For this reason it needs to be updated to fit
The Fourth Amendment to the United States Constitution states, “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”. It consists of two clauses, the reasonableness clause which focuses on the reasonableness of a search and seizure and the warrant clause which limits the scope of a search. There are many views on how the Fourth Amendment should be interpreted, especially by today’s standards. The world has evolved significantly since the implementation of the Bill of Rights. As it evolved, time brought about numerous cases on the applicability of the Fourth Amendment. When plaintiffs are not satisfied with the decision of lower courts, they can
The United States Constitution is regarded as a myriad of items: It has served as the basis of the United States briefly after the construction of the United States, serving as a model for dozens of other nations. The first ten amendments in the United States constitution are perhaps the most famous. These ten amendments, known commonly as the Bill of Rights, are seldom contested, for they are the prime components holding the constitution together. Essentially, the Constitution serves as the basis of the US, but the Bill of Rights is the basis of the Constitution. Despite not being contested for hundreds of years, in light of recent events in the present day, there is heavy debate on one of those ten fundamentals: The second amendment. The second amendment is one of great controversy due to
The Fourth Amendment protects the right of people to be secure in their persons, ‘
The 4th amendment has been tested in the Supreme Court.”Police officers in Kansas City, Missouri went to the house of Mr. Fremont Weeks and used his hidden key to enter
The U.S. Constitution and the Bill of Rights are most notable for their protection of the rights of suspected and accused individuals. All to often we forget it also covers the rights of those persons convicted of a crime. There are two positions when it comes the rights of convicted and imprisoned persons, which are rights-are-retained and rights-are-lost. In retrospect, they are both right because prisoners rights may not be granted rights nor shall rights be withheld that are not supported by law. Therefore, prisoners are given Conditional Rights because they are constrained by the legitimate needs of imprisonment. The Conditional Rights of inmates are communication and vision, religious freedom, access to the courts and legal assistance,
Initially the Fourth Amendment was intended to create a statutory buffer between the U.S. citizens and the intimidating power of law enforcement. Today, the general concept and critical goal of the Fourth Amendment is
However, according to Clayton Cramer, an author and software engineer, and David Kopel, research director for the Independence Institute, research shows that this is not the case. A study done by the Dade County police in Miami over a period of six years, examined 21,000 permit holders. In this time frame, only one incident occurred in which the victim had his weapon taken from him. Also, there were no innocent bystanders killed by the permit holders in this study (29). The problem with gun opponents is that they do not interpret the Second Amendment correctly. The word “people” in the Second Amendment clearly means individuals citizens. Barton believes that in order to fully understand the original intent of the writers of the Second Amendment
One of the most famous cases that influenced the Fourth Amendment was that of Entick v. Carrington. This was only one of many civil cases against officials who raided people’s homes and other places in search of materials connected with John Wilkes' political pamphlets that attack both the government and the King. Mr. Entick, who was an associate of John Wilkes, sued because agents had entered his house forcefully and broken into desks and boxes that were locked. They then seized pamphlets, charts, and other printed materials. The courts decided the warrant gave the officials the right to search and seizure and the ability to issue a warrant for all a person's papers rather than only those accused of being criminal ''contrary to the genius of the law of England.'' The warrant was said to be invalid because it had no probable cause and no record was made of what had been seized. The Supreme Court has said this case is a guide to understanding what the Framers meant when writing the Fourth Amendment.
If none of these previsions have been taken into account I would have to say that I strongly disagree with the fourth amendment in this current date because we would applying a law that was created so long ago without any concern to how it should be updated.
Equalizing the constitutional rights of prisoners and the functions of the jail or prison can create great strain on not only the correctional facilities’ staff but on the inmates as well. The treatment of prisoners is typically left completely to the prudence of prison administrators and other correctional officials. With that being said, this paper will discuss the differences between harmonizing those constitutional rights of prisoners and the functions of the facility. It will also explain the rights that prisoners are required to have, and how these rights are balanced within other aspects of the correctional institution.
The fourth amendment was created to protect the individual rights form governmental intrusion. The fourth amendment protects the right of the people to be secure against unreasonable searches and seizures. This shall not be violated and no warrants shall issue unless it is upon probable cause. It was established on December 15, 1791 during the colonial era. When the 4th Amendment became part of the Constitution, it was originally only applied to the federal government. Then it was applied to the states through the Due Process Clause of the 14th Amendment. The fourth amendment is so important to American, because it is the natural right of the people and the protection from intrusion. Now in society many people do not understand that the
Should all prisoners be given the right to vote or should it be limited only to some or to none at all? Provide a reasoned argument for your decision.