Socrates

Essay by BobbyBrownUniversity, Bachelor'sA+, December 2004

download word file, 2 pages 0.0

Downloaded 12 times

1) Mr. Green's rights of the Fourth and the Fifth Amendments were not violated. Because first of all Mr. Green was suspected of gambling through interstate betting which is illegal. And he was caught gabling by the FBI. Since the FBI suspected him (probable cause), they had the right to keep an eye on him through a camera and a sound recording device. And the FBI was rite about Mr. Green gambling illegally. The government can use the evidence that were obtained by a criminal act, and the crime that Mr. Green committed is a criminal act.

The fourth Amendment states that the right of the people to be secure in their persons, house. Papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause. Now however, there was probable cause, the FBI did suspect Mr. Green of illegal gambling.

The FBI did not put a step in Mr. Green's property. So therefore, they did not need a warrant. They collected their evidence away from Mr. Green's house, and the evidence proves him to be placing bets for himself and for his clients.

Also the fourth amendment has nothing to do with criminal cases, like this one. The Fourth amendment is about things-house, paper, effects, stuff- but it is not about exclusion. However, the Fifth Amendment is about exclusion in criminal cases-but only excluding words, because they can be unreliable. Also Mr. Green did get the right of due process, he was not denied that. Mr. Green his not only placing bets for himself but also for his clients. Also under the Fifth Amendment a person cannot be (forced to be) a witness against himself. Mr. Green is not being asked or forced to be a...