Research papers on the fourth amendment

Constitution provides right to the persons against unreasonable searches and seizures. The right also extends to the properties, papers, and effects of the persons.

Research papers on 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, 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.

The American Revolution was fought, in part, to create a system of government in which the Rule of Law would reign supreme.

The rule of law is often identified with the old saying that the United States is a nation of laws and not of men. Under the rule of law, the actions of government officials are prescribed by the principles and laws that make up the U.

A distinction is sometimes drawn between power and authority. Law enforcement officers are entrusted with the powers to conduct investigations, to make arrests, and occasionally to use lethal force in the line of duty.

How does the 4th amendment affect us today

But these powers must be exercised within the parameters authorized by the law. Power exercised outside of these legal parameters transforms law enforcers into lawbreakers, as happened when Los Angeles police officer Laurence Powell was convicted for using excessive force against rodney king, who had been stopped for speeding.

Research papers on the fourth amendment

Powell repeatedly struck King with his night-stick even though King was in a submissive position, lying prone on the ground. The Fourth Amendment was intended to create a constitutional buffer between U.

Search form

It has three components. First, it establishes a privacy interest by recognizing the right of U. Third, it states that no warrant may be issued to a law enforcement officer unless that warrant describes with particularity "the place to be searched, and the persons or things to be seized.

Upon a mere suspicion held by British tax collectors or their informants, colonial magistrates were compelled to issue general warrants, which permitted blanket door-to-door searches of entire neighborhoods without limitation as to person or place.

The law did not require magistrates to question British officials regarding the source of their suspicion or to make other credibility determinations. The writ of assistance was a particularly loathsome form of general warrant.

The name of this writ derived from the power of British authorities to enlist local peace officers and colonial residents who might "assist" in executing a particular search.

Research papers on the fourth amendment

A writ of assistance lasted for the life of the king or queen under whom it was issued, and it applied to every officer and subject in the British Empire. In essence, such a writ was a license for customs officers tracking smugglers and illegally imported goods.

Colonial opposition to general warrants was pervasive and kinetic. City of Norman, F. In order to be valid, Otis railed, a warrant must be "directed to specific officers, and to search certain houses" for particular goods, and may only be granted "upon oath made" by a government official "that he suspects such goods to be concealed in those very places he desires to search" as quoted in Illinois v.The Fourth Amendment 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.

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, 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.

Jun 21,  · The Fourth Amendment to the Constitution states that people have the right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures," but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides.

Fourth amendment; search and seizure.

Guidelines for Research Papers

The fourth amendment of the United States of America constitution reads as follows; 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.

Fourth Amendment Exceptions Essays: Over , Fourth Amendment Exceptions Essays, Fourth Amendment Exceptions Term Papers, Fourth Amendment Exceptions Research Paper, Book Reports. ESSAYS, term and research papers available for UNLIMITED access.

Fourth amendment search and seizure essays on the great. in peru traffic in egypt essay polygodial synthesis essay ethical issue essay mba apllication premonition of death research papers critical essays on hamlet and ophelia concession refutation essays on abortion essay conclusion literacy polygodial synthesis essay comparing yourself to.

Confirm you are human