Fourth Amendment to the United States Constitution

and dealt with problems in a way that greatly differ from law enforcement of today. This time frame involved racial riots, women rights, civil rights and important court cases. Mapp v. Ohio was concluded in 1961, and concluded that the fourth amendment applied to state courts and not just federal. Women achieved major milestones in the 1960’s, and Civil Rights were one of the biggest topics of the times. In the criminal justice field, a law enforcement official is expected to conduct themselves in a

1) The US Supreme Court held the Fourth Amendment only protects the right of privacy for a person when the individual actually expects privacy. In addition, the individual’s expectation of privacy needs to be reasonable. Rosanna have a ten-foot fence surrounding the garden by her house. She has a reasonable expectation of privacy for the contents inside of that particular garden, and she expects privacy since she had put up a tall privacy fence for that purpose. However, she has no expectation of

In the case Terry v. Ohio, the defendant John Terry argued that his Fourth Amendment right was violated when a police officer conducted a search on him, and found a concealed weapon. According to the officer, he had been monitoring Terry’s actions prior to the stop in fear of his safety, thus, had enough reasonable suspicion to stop and search the defendant. The Supreme Court decided to rule in favor of the state determining that the officer may stop and frisk any suspicious person when he feels

would also agree with the preceding courts. The Prosecutor appealed to the US Supreme Court. Aguilar-Spinelli test is the judicial principal that was laid down by the US Supreme Court in the Aguilar v Tex., (393) U.S. 410 (U.S. 1969), the test states that hearsay is reliable evidence to establish probable cause for an arrest or issuance of a search warrant. Also known as the two prong test. This is how the test is applied: The Magistrate must be informed of the reason to support the conclusions

liberty, and property. “ The Constitution had no effect against the Articles of Confederation. The Constitution was created to make a stronger central government to protect the rights of its people. The social contract protects the natural rights, while the Constitution protects every other rights, like adding an extra layer of protection. The writers intention of the Bill of Rights was to ensure the safety of citizens rights without them being violated. Most amendments apply in daily life, but it

The defense will argue that the police did not have a warrant to search Mr. Blackbeard’s sleeping quarters and that he has the right to expect privacy in the area where he was sleep and kept his belongings. This would be a violation of the Fourth Amendment, which is “the right of the people to be secure in their persons, houses, paper, and effects, against unreasonable search and seizures, shall not be violated...”. The defense will argue that the police did not have consent, nor probable cause

A Breach of Children’s Online Privacy: Examining the Fourth Amendment and a Right to Privacy Regarding Mobile Apps Ina Salvaleon Berry College Citation Style: APA   A Breach of Children’s Online Privacy: Examining the Fourth Amendment and a Right to Privacy Regarding Mobile Apps Children are more likely to be found on a technological device that can access the Internet than outside being physically active. While in many cases, they are knowledgeable online users, children are still at risk

Terry 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 was

In the case between Fernandez and California, the Supreme Court has to decide whether the Fourth Amendment prohibits warrantless searches to co-tenants apartment; When the defendant has previously objected the entry of police to his apartment, but was later removed from the premises for domestic violence and lawfully arrested for a prior robbery. The co-tenants then consent for the search after the lawful arrest. Facts On October 12, 2009, Abel Lopez was attacked and robbed by a man he

enforcement field. So much so that it is widely used across multiple platforms. The court case, Kyllo v. United States, 533 U.S. 27 (2001). Where it was "held that the use of a thermal imaging, or FLIR, device from a public vantage point to monitor the radiation of heat from a person 's home was a "search" within the meaning of the Fourth Amendment, and thus required a warrant." (Kyllo v. United States. (n.d.) The use of the thermal imaging in this case was used to search a home interior for illegal contraband