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Topic: Fourth Amendment


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 The Constitution of the United States of America
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.
www.midnightbeach.com /jon/US-Constitution.htm   (4025 words)

  
 (e)Racing the Fourth Amendment
This test determines whether, for Fourth Amendment purposes, a particular police activity "seizes" an individual--that is, renders the individual unfree either to leave or to terminate the police encounter.
Part III shifts the discussion to Fourth Amendment consent doctrine, the body of law that is concerned with determining the circumstances under which a person can be said to have consented to a particular governmental intrusion (e.g., the search of one's clothing or belongings).
Fourth, assuming that police officers know that Latinas/os may be uninformed or apprehensive about exercising their constitutional rights, police officers have an incentive to exploit these vulnerabilities.
academic.udayton.edu /race/03justice/justice05.htm   (2775 words)

  
 Fourth Amendment to the United States Constitution - Wikipedia, the free encyclopedia
Amendment IV (the Fourth Amendment) to the United States Constitution is one of the provisions included in the Bill of Rights.
Toward that end, the amendment specifies that judicially sanctioned search and arrest warrants must be supported by probable cause and be limited in scope according to specific information supplied by a person (usually a peace officer) who has sworn by it and is therefore accountable to the issuing court.
The Fourth Amendment was needed because the writs of assistance had alarmed the country, and had inspired citizens to demand their rights.
en.wikipedia.org /wiki/Fourth_Amendment_to_the_United_States_Constitution   (3474 words)

  
 "Fourth Amendment" Defined & Explained
To pass muster under the Fourth Amendment, detention must be 'reasonable.
A search's reasonableness under the Fourth Amendment generally depends on whether the search was made pursuant to a warrant issued upon probable cause.
The ill that the Fourth Amendment prevents is not merely the arbitrariness of police discretion to single out individuals for attention, but also the unwarranted domination and control of the citizenry through fear of baseless but 'evenhanded' general police searches.
www.lectlaw.com /def/f081.htm   (2072 words)

  
 The Constitution of the United States of America   (Site not responding. Last check: 2007-11-03)
Verdugo-Urquidez, 494 U.S. The Interest Protected.--For the Fourth Amendment to be applicable to a particular set of facts, there must be a ``search'' and a ``seizure,'' occurring typically in a criminal case, with a subsequent attempt to use judicially what was seized.
Neither the Fourth Amendment nor the federal statutory provisions relevant to the area define ``probable cause;'' the definition is entirely a judicial construct.
The Fifth Amendment was inapplicable, the Court held, because there had been no compulsion of defendant to produce or to authenticate the documents.\150\ As for the Fourth Amendment, inasmuch as the ``business records'' seized were evidence of criminal acts, they were properly seizable under the rule of Warden v.
www.gpoaccess.gov /constitution/html/amdt4.html   (11337 words)

  
 RACIAL PROFILING AND THE FOURTH AMENDMENT: APPLYING THE MINORITY VICTIM PERSPECTIVE TO ENSURE EQUAL PROTECTION UNDER ...
The Fourth Amendment guarantees the “right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.”55 During the colonial period, the British subjected the colonists to many unreasonable and sometimes humiliating searches of their homes.
Terry thus established that the Fourth Amendment permits police to stop a person for questioning when they have a reasonable suspicion that the person may be armed and dangerous, even when that suspicion does not amount to the probable cause necessary to make an arrest.
The Fourth Amendment is not so easily satisfied.’”247 Moreover, she warned, a lenient rule for anonymous tips could allow innocent people to be targeted for embarrassing searches.
www.bc.edu /bc_org/avp/law/lwsch/journals/bctwj/21_2/02_TXT.htm   (8354 words)

  
 Fourth Amendment
In order to be valid under the Fourth Amendment, a search warrant must, inter alia, "particularly describe the place to be searched, and the persons or things to be seized." U.S. Const.
The Fourth Amendment safeguards "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." In reading the Amendment, the court is guided by "the traditional protections against unreasonable searches and seizures afforded by the common law at the time of the framing," Wilson v.
Law enforcement officers do not violate the Fourth Amendment's prohibition of unreasonable seizures merely by approaching individuals on the street or in other public places and putting questions to them if they are willing to listen.
www.robertslaw.org /4thamend.htm   (1171 words)

  
 Teaching about the Fourth Amendment's Protection against Unreasonable Searches and Seizures. ERIC Digest.
Justice Bradley's interpretation of the Fourth Amendment was reshaped by three technological developments that occurred during the later part of the 19th century.
The constant changes in our thinking about and interpretation of the meaning of the Fourth Amendment illustrates the continuous evolving struggle of a citizenry trying to balance the democratic principles of securing and protecting individual rights with the promoting of public order and the common welfare.
An effective method of teaching Fourth Amendment ideas and issue is to use case studies, like the Katz and Mapp cases.
www.ericdigests.org /1994/fourth.htm   (1727 words)

  
 Fourth Amendment Rights of Fire Victims
As the controlling authority at the scene under exigent circumstances, it stands to reason that the fire department, and also the employee who allows the entry of persons not authorized to enter, may be held responsible and liable for allowing an illegal entry.
It is the belief of KUSI News that these policies are consistent with the Fourth Amendment rights of fire victims while providing the media the First Amendment right to free speech.
The Fourth Amendment rights of the victim and the evidence inside of the structure are kept intact.
www.expertlaw.com /library/fires/fourth_amendment.html   (2663 words)

  
 Bill of Rights
The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added.
Article the third [Amendment I] Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Article the twelfth [Amendment X] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
www.constitution.org /billofr_.htm   (508 words)

  
 Fourth Amendment.com
A warrantless arrest by a law officer is reasonable under the Fourth Amendment if, given the facts known to the officer, there is probable cause to believe that a crime has been or is being committed.
The Nevada statute is consistent with Fourth Amendment prohibitions against unreasonable searches and seizures because it properly balances the intrusion on the individual’s interests against the promotion of legitimate government interests.
The Ninth Circuit affirmed except as to the Fourth Amendment claim against petitioner, holding that the warrant was invalid because it did not describe with particularity the place to be searched and the items to be seized.
www.fourthamendment.com /recentdecisions.html   (4960 words)

  
 [No title]
The Fourth Amendment protection against unreasonable searches and seizures requires the government to both obtain a warrant and to give notice to the person whose property will be searched before conducting the search.
For example, a person with notice might be able to point out irregularities in the warrant, such as the fact that the police are at the wrong address, or that because the warrant is limited to a search for a stolen car, the police have no authority to be looking in dresser drawers.
New Hampshire, 403 U.S. Thus, the Fourth and Fourteenth Amendments were not violated by the entry of the firemen to extinguish the fire at Tyler's Auction, nor by Chief See's removal of the two plastic containers of flammable liquid found on the floor of one of the showrooms.
www.lycos.com /info/warrants--fourth-amendment.html   (505 words)

  
 Fourth Amendment Primer for General Michael Hayden - Democratic Party
When taking a question from Knight Rider reporter, Jonathan Landay, it became quite clear, despite his assertion that he was a bit of an expert on the Fourth Amendment, he did not know what it said.
I'm no lawyer, but my understanding is that the Fourth Amendment of the Constitution specifies that you must have probable cause to be able to do a search that does not violate an American's right against unlawful searches and seizures.
And so what you've raised to me -- and I'm not a lawyer, and don't want to become one -- what you've raised to me is, in terms of quoting the Fourth Amendment, is an issue of the Constitution.
www.bellaonline.com /articles/art36223.asp   (854 words)

  
 IEJS > Law > Procedure > Fourth Amendment Exceptions   (Site not responding. Last check: 2007-11-03)
BRIGNONI-PONCE, 422 U.S. "The Fourth Amendment held not to allow a roving patrol of the Border Patrol to stop a vehicle near the Mexican border and question its occupants about their citizenship and immigration status, when the only ground for suspicion is that the occupants appear to be of Mexican ancestry."
BUSTAMONTE, 412 U.S. "When the subject of a search is not is custody and the State would justify a search on the basis of his consent, the Fourth and Fourteenth Amendments require that it demonstrate that the consent was in fact voluntary; voluntariness is to be determined from the totality of the surrounding circumstances.
RILEY, 488 U.S. A law enforcement officer did not need a warrant to circled twice over defendant's property in a helicopter at the height of 400 feet and make naked-eye observations through openings in the greenhouse roof and its open sides and determine there were marijuana plants inside.
www.iejs.com /Law/Procedural_Law/Fourth_Amendment_Exceptions.htm   (1305 words)

  
 The United States Constitution - The U.S. Constitution Online - USConstitution.net
No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
www.usconstitution.net /const.html   (5189 words)

  
 Constitution for the United States of America
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
In addition, a portion of the 12th amendment was superseded by section 3.
Note: Amendment 14, section 2, of the Constitution was modified by section 1 of the 26th amendment.
www.deoxy.org /fz/consti.htm   (4451 words)

  
 The Fourth Amendment
This Act may be called the Constitution (Fourth Amendment) Act 1975.
Amendment of the fourth Schedule to the Constitution.
The Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), and the Federal Act enacted to replace the said Ordinance.
www.pakistani.org /pakistan/constitution/amendments/4amendment.html   (1362 words)

  
 Fourth Amendment
FOURTH AMENDMENT, effective as of the first day of January, 1997 to an Agreement dated the first day of September, 1994 between the City of New York ("City") acting through the Commissioner of Health ("Commissioner") of the New York City Department of Health ("Department" or "DOH") having its principal office located at 125 Worth Street.
WHEREAS, by the First Amendment City reimbursement to the Contractor for the salary increases of its employees not subject to collective bargaining agreements was limited to the percentage increases granted by the City; and
The only exception to this shall be for personnel who are unwilling or unable to be pre-immunized against rabies and who sign a waiver so stating and releasing the corporation and the Department from any and all responsibility for any possible harm.
www.shelterreform.org /4thAmend.html   (2776 words)

  
 Powell's Books - Reconstructing the Fourth Amendment Reconstructing the Fourth Amendment: A History of Search and ...
Taslitz breaks new ground by exploring the Fourth Amendment's connections with political violence and slavery.
First, that the original Fourth Amendment of 1791— born in political struggle between the English and the colonists— served important political functions, particularly in regulating expressive political violence.
Second, that the Amendment's meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic.
www.powells.com /partner/24075/biblio/0814782639   (669 words)

  
 Supreme Court Case Highlights 2003-2004: Fourth Amendment-FOIA (ABA Division for Public Education)
Following are case highlights for the topic areas of Fourth Amendment and FOIA.
Petitioner is not entitled to qualified immunity despite the constitutional violation because it would be clear to a reasonable officer that his conduct was unlawful.
The Fourth Amendment by its terms requires particularity in the warrant, not in the supporting documents.
www.abanet.org /publiced/preview/summary/2003-2004/f3.html   (1734 words)

  
 Fourth Amendment
This next assignment concerns the Fourth Amendment, which protects our right to privacy.
Also, put the phrase "Fourth Amendment Essay" in the subject heading of your e-mail when submitting this part of the assignment.
The Fourth Amendment Explained by the 'Lectric Law Library and Findlaw.
www.lsu.edu /faculty/jpullia/3101fourthamendment.htm   (1132 words)

  
 Fourth Amendment Supreme Court Cases | FlexYourRights.org
The ruling held that the Fourth Amendment protection against unreasonable searches and seizures is not violated when a pat-down is performed based on reasonable suspicion for the purpose of ensuring officer safety.
Since it was never directly communicated to the defendant that he was not free to leave, the Court concluded that the police officers' actions did not violate the Fourth Amendment.
As demonstrated by the Court in the Schneckloth ruling, the police are under no obligation to inform citizens of their Fourth Amendment rights when requesting to perform a search.
www.flexyourrights.org /fourth_amendment_supreme_court_cases   (1433 words)

  
 The Fourth Amendment: Just a Technicality?
The Fourth Amendment, which protects us all from unreasonable searches and seizures by governmental entities, is one of the greatest legal protections in the history of mankind.
In virtually every case where a violation of the Fourth Amendment was found, someone on the prosecution side was attempting to justify the illegal search or seizure.
But this would not be fair to law enforcement officers who, because of the nature of their jobs, are the most likely offenders of the Fourth Amendment.
www.shasta.com /sphaws/fourth.html   (804 words)

  
 SSRN-Fourth Amendment Codification and Professor Kerr's Misguided Call for Judicial Deference by Daniel Solove
Increasingly, Fourth Amendment protection is receding from a litany of law enforcement activities, and it is being replaced by federal statutes.
Kerr notes these developments and argues that courts should place a thumb on the scale in favor of judicial caution when technology is in flux, and should consider allowing legislatures to provide the primary rules governing law enforcement investigations involving new technologies.
Therefore, while Kerr is right that our attention must focus more on the statutes, he is wrong in urging for a deferential judicial approach to the Fourth Amendment.
papers.ssrn.com /sol3/papers.cfm?abstract_id=786266   (436 words)

  
 The Constitution of the United States
The Senate of the United States shall be composed of two Senators from each State, [chosen by the Legislature thereof,] Altered by 17th Amendment for six years; and each Senator shall have one vote.
The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state.
www.constitution.org /usconsti.htm   (4078 words)

  
 History of the Fourth Amendment | FlexYourRights.org
The Fourth Amendment protection against "unreasonable searches and seizures" was adopted as a protection against the widespread invasions of privacy experienced by American colonists at the hands of the British Government.
While most provisions of the Fifth Amendment, such as the right to a jury trial and the right against double jeopardy, impose restrictions upon our courthouses, the right against self-incrimination has a profound effect upon the behavior of law-enforcement officers as they investigate crimes.
The Sixth Amendment right to counsel is a critical component of the Bill of Rights in that it provides the accused with an advocate who is trained in the legal process and can provide a safeguard against violations of the suspect's other Bill of Rights protections.
www.flexyourrights.org /fourth_amendment_history   (940 words)

  
 [No title]
According to the Fourth Amendment, the Secret Service agents needed "probable cause" that criminal evidence will be at the scene of the search to get a search warrant issued.
The Fourth Amendment also specifies that the search should be as narrow as possible (in other words, the Secret Service should have known exactly what they were looking for.) By taking all computer records, the Service not only effectively shut Jackson down, but violated the Fourth Amendment.
A new amendment stating that the rights guaranteed by the First, Fourth, and any other amendment for that matter, apply to cyberspace would prevent many of the violations we have discussed from happening.
www.eff.org /Privacy/comp_privacy_4th_amend.paper   (6124 words)

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