• Mapp V Ohio Fourth Amendment
    1,402 words
    MAPP V. OHIO 367 U. S. 643 (1961) Ms. Doll ree Mapp and her daughter lived in Cleveland, Ohio. After receiving information that an individual wanted in connection with a recent bombing was hiding in Mapp's house, the Cleveland police knocked on her door and demanded entrance. Mapp called her attorney and subsequently refused to let the police in when they failed to produce a search warrant. After several hours of surveillance and the arrival of more officers, the police again sought entrance to...
  • Evidence Role In The Criminal Justice
    1,361 words
    Evidence Role in the Criminal Justice System I. Introduction Evidence is the key element in determining the guilt or innocence of those accused of the crimes against society in a criminal court of law. But in order to understand magnitude and necessity of evidence as a it relates to the criminal justice system one must know what are the five (5) key issues and or points regarding evidence. The first is what truly is evidence is it written documentation, is it expert testimony, is it hearsay (ora...
  • Fourth Amendment School Search Court
    1,137 words
    Name of the case and year it was decided X New Jersey v. T. L. O. (1985) The constitutional amendment V or section the eof X which the court is interpreting X 14 th amendment The specific facts of the case X On March 7, 1980, a teacher at Piscataway High School in New Jersey found two girls smoking in a restroom. Since this was a violation of school rules, the teacher took the two students to the principal's office. The assistant vice principal questioned the two girls separately. One student a...
  • Fourth Amendment School Court Schools
    1,364 words
    The Fourth Amendment to the constitution protects United States citizens from unreasonable searches and seizures. Our forefathers recognized the harm and abuses that occurred in the colonies to innocent people by the British, and they made sure to write protections into the U. S. Constitution. Fearing the police state that any nation has the potential to become and recognizing that freedom and liberty is meaningless when victimization by the police is a real and foreboding threat the Fourth Ame...
  • On The Legitimacy Of The Exclusionary Rule
    2,169 words
    The proposition that the exclusionary rule should be abolished is absolutely preposterous. In fact, there are few rules that are as useful in protecting the rights of the general public. Unfortunately, there are many who believe, for a number of reasons, that the exclusionary rule does more harm than good, and that American society suffers needlessly for the sake of protecting the rights of those who violate its laws. Opponents of the exclusionary rule perceive its gains to be dubious; its costs...
  • Mapps Vs Ohio Miss Mapp
    1,185 words
    The case of Mapp vs. Ohio is one of the most important Supreme Court decisions of the last century. Until this decision, the rights against illegal search and seizure had no method to be enforced. Up until this time, previous cases at set precedents provided little or no protection from illegal searches and seizures for the accused facing state prosecution. On May 23, 1957, Miss Doll ree Mapp heard a knocking at her door (170 Ohio Street). When she asked who it was, three men identified themselv...
  • Fourth Amendment Exceptions Privacy Court Open
    1,485 words
    ... ice received reports that Greenwood was involved in narcotics trafficking. A warrant less search of the respondents trash developed evidence which corroborated this and led to Greenwood's arrest, bail, future arrest, and conviction. In this case, the lower courts and the Supreme Court agree that the Fourth Amendment does not prohibit the warrant less search and seizure of garbage outside a private residence. The court states that the respondent "could have had no reasonable expectation of pr...
  • The Exclusionary Rule Court Evidence Schmalleger
    2,486 words
    The Exclusionary Rule The Effect of the Fourth Amendment is to put the courts of the United States and Federal officials, in the exercise of their own power and authority, under limitations and restraints as to the exercise of such power and authority, and to forever secure the people, their persons, houses, papers and effects against all unreasonable searches and seizures under the guise of law (Ronald 605). The Constitution does not tolerate warrantless, therefore illegal, police searches and ...
  • California V Carney Motor Home
    781 words
    California v. Carney involves a Drug Enforcement Agency Agent, Robert Williams, who was observing respondent, Charles Carney, as he approached a youth in downtown San Diego. Having received previous information that that particular motor home was being used to exchange sex for marijuana, Williams accompanied by other agents kept the motor home under surveillance (Kamisar, La Fave, Israel, King, p 260, 2002). During the time that the agent had Carney under surveillance, he saw Carney bring the yo...
  • Fourth Amendment School Search Court
    325 words
    New Jersey Vs. T. L. O. Decision: Reasonable standard held to be proper standard for determining legality of searches conducted by public school officials. On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N. J. , found two girls smoking in the school lavatory, which was a violation of school code. The teacher took them to the Principles office where they met the Assistant Vice-Principle Theodore Choplick. Under questioning the first girl admitted smoking in the lavator...
  • Tennessee V Garner Deadly Force
    817 words
    Name: Tennessee v. Garner Citation: No. 83-1035, 83-1070 (1985) Facts: On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a "prowler inside call." When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the back...
  • What Would We Do Without The Fourth Amendment
    757 words
    What would we do without the Fourth Amendment The fourth amendment actually states that it is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, and that they 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. This means that there has to be a legitimate reason that fu...
  • Legal Evolution Of The Exclusionary Rule
    1,917 words
    The Constitution of the United States was designed to protect citizens' civil rights from infringement by the government and law enforcement agencies. The Constitution guarantees that the civil liberties of the people of this country shall be respected and upheld. That fact is often considered to be common knowledge and taken for granted by the vast majority of the population. However it was not always that way. American legislation is constantly growing and developing. New rules and practices a...
  • Cars And The Fourth Amendment
    750 words
    Cars and the fourth amendment, 6-28-99 You should be forgiven for any sneaking suspicions you may have that the nine elders in black dresses who have the final word on matters legal in the U. S. don't spend much time driving. After all, the Supreme Court can't seem to get enough of stripping Fourth Amendment protections from Americans' favorite mode of transportation. Any more decisions like Maryland v. Dyson and we may be forced to drive vehicles as transparent as Wonder Woman's invisible airp...
  • Fourth Amendment Exceptions Open Field
    2,972 words
    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 protection over these as well. In order to reaffirm the courts decision on this matter I will be relating their decisions in the cases of Oliver v. United States (...
  • Probable Cause Search Officer One
    531 words
    One night John Doe is driving down the freeway and is pulled over for a routine traffic violation. After issuing poor Johnny a traffic ticket the officer asks him one little question that could change Johnny's insignificant life forever. "May I search your car" Now imagine if you were in John's position, how would you have responded to the question. Would you have just said yes and let the officer go through your personal belongings, or would you say no. If you were to say no could it lead to c...
  • Patriot Act Unfair Search Authorities American
    466 words
    On October 26 th, 2001, United States President George W. Bush, passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (US Patriot) Act. The Patriot Act is a major infringement upon our fourth amendment rights. To fully understand how the Patriot Act violates one's rights as an American, one must understand the Patriot Act, the fourth amendment, and know of several events which lead to the passing of these documents as well as eve...
  • Racial Profiling Police Officers Officer
    1,223 words
    Racial Profiling can be defined as the identification of racial factors, such as skin color, hair texture, facial structure, physical attire, gender, spoken language, accent, or religion. As noted above, there are many ways in which someone can be racially profile. Racial profiling has been used for many years. It started with segregation in the early 1900 s and recently with cases such as Major Aaron Campbell vs Florida. Yet, racial profiling has been overlooked and not investigated thoroughly ...
  • 24 Th Amendment Section 24
    1,529 words
    Section 1. The right of citizens of the United States to vote in any primary election or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. This amendment, the twenty fourth added to the United States Constitution, was ratified on January 23, 1964. It banned the use of the poll tax and oth...
  • Fourth Amendment Student School Searches
    559 words
    It is overwhelming how much controversy there can be over simple statements. It may have been written over two hundred years ago, but people are still confused over this matter. As attorneys, our first intent is to express the reasoning behind student searches. It is obvious that there has been a major increase in the number of student property searches in schools from the time of the drafting of the Fourth Amendment (1791), until now. It is equally obvious that the amount of violence and drug u...