Essays Tagged: "Fourth Amendment to the United States Constitution"
Case: Olmstead v. United States
ween the defendants and others, intercepted by means of wiretapping, amounted to a violation of the fourth and fifth amendments.Holding:The Court held that the use of wiretaps to obtain evidence is no ... .Legal Reasoning:1. 'There is no room in the present case for applying the 5th amendment unless the fourth was first violated. . .[petitioners] were continually and voluntarily transacting business wi ...
Subjects: Law & Government Essays > Law
Drug testing in schools. The issue of drug testing in public schools. The postion is for drug testing and gives reasons and quotas from laws.
. The drug testing concerns are twofold.One concern is that the drug testing violates the students' Fourth Amendment right. The Fourth Amendment protects the "right of the people to be secure in their ... ers, and effects, against unreasonable searches and seizures." The question now becomes whether the Fourth Amendment prevents a public school district from requiring students to take random testing fo ...
Subjects: Social Science Essays > Controversial Issues > Drugs & Alchohol
Exclusionary Rule
mental official.Not until 1949, in the case of Wolf v. Colorado, did the Supreme Court rule thatthe Fourth Amendment was applicable to the states through the due process clause of the Fourth Amendment ... tthe security of one's privacy against arbitrary intrusion by the police which is atthe core of the Fourth Amendment is basic to a free society. It is therefore implicit in the concept of ordered libe ...
Subjects: Law & Government Essays > Law > Cases
Echelon, violating our rights one step at a time : Essay about the spy tool used by USUK govenments
titutional rights that have been granted since the foundation of our nation. For these reasons, the Fourth Amendment of the United States Constitution has been undermined by the government, whose job ... the US government for analysis. This loophole allows the National Security Agency to circumvent the fourth amendment of the US Constitution, this practice continues to this day. This system is, report ...
Subjects: Law & Government Essays > Civil Rights
Can They Really Ask For Your Urine?
for duty or have documented patterns of unsafe work behavior ("Drug Testing in the Workplace").The Fourth Amendment to the United States Constitution was designed to protect from unreasonable searche ... e for the purpose of drug testing constitutes a search and seizure which implicates an individual's fourth amendment right. Depending upon the facts and circumstances surrounding the drug testing proc ...
Subjects: Businesss Research Papers
Court cases that deal with the 14th amendment
d her and searched her purse to find a bag of marijuana and other drugs. Did the search violate the Fourth and Fourteenth Amendments? No. The Court ruled that the search did not violate the Constituti ... ath and urine tests to employees who violated certain safety rules. Did the regulations violate the Fourth Amendment? No. The Court ruled that the government was trying to provide safety on the nation ...
Subjects: Law & Government Essays
This is an essay that describes how the 4th ammendamant effects law enforcement in America. This was used in Criminal Justice 101.
Fourth AmendmentIn the late 1700's the fourth Amendment was written because of strong objections to ... nce gave officials the right to enter any home and seize belongings without a reasonable cause. The fourth amendment was ratified in the Bill of Rights on December 15, 1771.This amendment protects the ... pping. This applies to any and all people. (Katz v. U.S.)Along with the first eight amendments, the fourth Amendment deals with personal freedom. (Encarta Online) The fourth Amendment protects citizen ...
Subjects: Law & Government Essays > Government
This an essay about a recent history occurence. it is very opinionated but i think that it is pretty good
ns' rights and is abused by authorities. I want this act to be abolished and we should stick to the fourth amendment.One of my reasons why I am against the Patriot Act is because of the stereotypes an ...
Subjects: History Term Papers
Constiotutional Rights Paper
Rights PaperConstitutional Rights and the U.S. ConstitutionWhile arrests must be made regarding the fourth amendment of the United States Constitution, there are circumstances where search and seizure ... ogs during routine traffic stops. Is this a violation of our constitutional rights according to the fourth amendment? Should states abandon the use of drug sniffing dogs during traffic stops?Motorists ...
Subjects: History Term Papers > North American History
Illinois v. Dionisio Legal Brief
to supply the voice exemplars, stating that these disclosures would violate their rights under the Fourth and Fifth Amendments.2. Procedural History: The government filed separate petitions in the Un ... 18 months. The Court of Appeals for the Seventh Circuit reversed the verdict due to a violation of Fourth Amendment rights.3. Issue: According to the Fourth Amendment, is there a requirement of a pre ...
Subjects: Law & Government Essays > Law > Cases
The Exclusionary Rule
e that was taken into consideration later in history during the drafting of the Bill of Rights. The fourth amendment of the United States Constitution offers protection against unreasonable searches a ... take place. ("Exclusionary Rule")It could be said that the exclusionary rule itself is part of the fourth amendment of the United States Constitution; however, it was not until 1914 that it was creat ...
Subjects: Law & Government Essays > Law
20th Century Supreme Court Case: The Exclusionary Rule
ental official.Not until 1949, in the case of Wolf v. Colorado, did the Supreme Court rule that the Fourth Amendment was applicable to the states through the due process clause of the Fourth Amendment ... the security of one's privacy against arbitrary intrusion by the police which is at the core of the Fourth Amendment is basic to a free society. It is therefore implicit in the concept of ordered libe ...
Subjects: Law & Government Essays > Law
Drug Testing For Athletes
ong! The parents decided to file a lawsuit in federal court claiming the drug test violated the 4th Amendment's ban on unreasonable searches, the 14th Amendment's protection of liberty and privacy, an ... e United States Supreme Court ruled that the drug testing was constitutional under the 4th and 14th amendments and James could not participate in football or any athletics until he submitted to a drug ...
Subjects: Humanities Essays
Debate
ld not have a legitimate expectation of privacy in such property; thus, in the abscence of privacy, Fourth Amendment requirements would be inapplicable." Thus schools must disregard some civil r ...
Subjects: Businesss Research Papers
Busy Law
he whole world not invented for privacy. Everyone in America has the right to privacy according the Fourth Amendment in the United States Constitution. It states that your have the right of protection ...
Subjects: Law & Government Essays > Law > Issues
Drug Testing in the Work Place (its an invasion of
y and infringes on employees? personal rights. We will show that drug testing is a violation of the Fourth and Fifth Amendments. The courts maintained this interpretation until recently. We will argue ... g testing infringes on our Civil Rights. They are an invasion of privacy, which is protected by the Fourth Amendment. ?Urinalysis reveals not only the presence of illegal drugs, but it also reveals th ...
Subjects: Social Science Essays > Controversial Issues > Drugs & Alchohol
Constitutional Rights Paper
d SeizureOur Constitutional rights for search and seizure are clearly defined as they relate to the Fourth Amendment.The right of the people to be secure in their persons, houses, papers, and effects, ...
Subjects: Law & Government Essays
Arrest Elements
ure are determined before an arrest is made. Subsequently, one does not want to violate a person(s) Fourth Amendment, so proper procedures must be taken to secure an arrest and confirm evidence as adm ... when an officer follows procedures in order to make a legal arrest, he is not violating a person(s) Fourth Amendment. He is following proper procedures, and the result is securing an arrest.References ...
Subjects: Law & Government Essays > Law > Issues
Constitutional Rights Paper
iefs are.Our Constitutional rights for search and seizure are clearly defined as they relate to the Fourth Amendment."The right of the people to be secure in their persons, houses, papers, and effects ... ly describing the place to be searched, and the persons or things to be seized" (U.s. constitution: fourth, 2009).However, the working environment adds to a different perspective. With the enhancement ...
Subjects: Law & Government Essays > Law
Case Study: The Exclusionary Rule
which was based on it. The exclusionary rule provided that "any evidence seized in violation of the Fourth Amendment could not be used against a defendant in a criminal case," (Dempsey & Frost, 20 ... eriff. The case was appealed to the Supreme Court, resulting in the court ruling that "although the Fourth Amendment did bar the admissibility of illegally seized evidence, it would not impose federal ...
Subjects: Law & Government Essays