An Analysis of the Fourth Amendment - 1074 Words

The constitution of the United States was enacted in the late 1700s at the wake of the Revolutionary War. The first laws of the United States Constitution were called the Bill of Rights and included the laws by which men were supposed to live by. In particular, the fourth amendment on Search and Seizure was enacted in order to protect the rights that the citizens of the newly freed colonies were denied of while until British occupation (gpo.gov). Prior to the colonies victory over Great Britain, British soldiers were allowed to ransack anyones belongings whenever they pleased. They did not necessarily have to have just cause nor were there always a sincere reasoning behind their complete destruction and invasion of privacy. After forgoing such a violation of personal dignity, the fourth amendment was enacted so that the rights of people who did not agree with the government searching and seizing their property without prior acknowledgment nor permission would be protected (supremecou rt.gov). This created a sense of dissatisfaction with the prior government that was to be erased with the new one, making the enactment of the Fourth Amendment possible. In order for the rights of the citizens of the newly made United States of America to be protected, the fourth amendment was written to guarantee that the violations that occurred during British colonization would no longer continue into their new form of government. Proposed by James Madison, the fourth amendment wasShow MoreRelatedThe Poisonous Tree1065 Words   |  5 Pagesseizure really means that a LEO cannot conduct a search â€Å"without a search warrant and without probable cause to believe that evidence of a crime is present, that such a search or seizure is unconstitutional under the Fourth Amendment (applied to the states by the Fourteenth Amendment), and evidence obtained from the unlawful search may not be introduced in court† (â€Å"Unreasonable search and†, n.d., para. 1). These type of searches can spill over into fruit of the poisonous tree, which is defined asRead MoreThe Court Of Appeals Of Maryland1293 Words   |  6 Pagesto be collected for comparison. Investigators collected DNA on swabs from the armrest of his chair. DNA analysis revealed a match from samples collected at the crime scene. After further investigation petitioner was charged and convicted of first-degree rape and related offenses. Petitioner challenged his conviction based on Fourth Amendment grounds contending that the collection and analysis of his DNA from the chair constituted an unlawful search as it violated his expectation of privacy (SternsteinRead MoreFourth Amendment Basics And Law Enforcement Hacking Essay1496 Words   |  6 PagesPlaypen: Law Enforcement in Digital Age â€Å"The Playpen Story: Some Fourth Amendment Basics and Law Enforcement Hacking† is an analytical blog post published on the Depplinks Blog section of the Electronic Frontier Foundations (EFF) website by Mark Rumold. Mark Rumold is a senior staff attorney at EFF, a non-profit organization with a stated purpose of: â€Å"defend[ing] free speech online, fight[ing] illegal surveillance, advocating for users and innovators, support freedom-enhancing technologies†. ThisRead MoreOn November 18, 2011, Charges Were Brought Against Antoine1104 Words   |  5 Pagesdefendant Antoine Jones. Each party had a chance to deliberate their opinions and stating their case against Antoine Jones. This case was not only brought into court for Mr. Jones’s cocaine distribution but for authorities violating Antoine Jones Fourth Amendment rights by planting a global positioning system on the defendant’s’ vehicle without his consent. The law requires a warrant must be ob tained before law enforcements can attach anything to an individual’s private property with consent. AuthoritiesRead MoreForensic Investigation On The Criminal Justice System1186 Words   |  5 Pagescombating crimes through the provision of forensic labs where the analysis of investigation is carried out. The forensic criminal investigation agencies are mandated with the collection of evidence from crime scene and later analyze for use the criminal justice system. However, there are forensic procedures used to collect and process the forensic evidence from electronic devices. The procedures have to follow the fourth and Fifth Amendment guidelines. In this paper, I will discuss the standard operatingRead MoreThe Legal Definition Of The Fourth Amendment1043 Words   |  5 Pagesthe professor elaborates on the steps used when determining the legality of the Fourth Amendment. The six steps of the broad Fourth Amendment template include: who does the Amendment apply to, has there been a search or seizure/seizure, is there probable cause, did law enforcement need to get a warrant, is the search conducted by law enforcement reasonable, and what happens if there is a violation of the Fourth Amendment (lecture 3 - https://www.youtube.com/watch?v=B3rXXu9_QxA). Additionally, the factorsRead MoreThe First Articles Of Confederation971 Words   |  4 PagesRights in order to protect citizens from government actions (Fourth Amendment). The Bill of Rights w as collective to each amendment for protecting the Common Good, but most that had impacted was the fourth amendment. The fourth amendment provides citizens to be â€Å"secure in their persons, houses, papers, and effects† In which prohibits government from performing an unreasonable and search and seizure (Fourth Amendment). The Fourth Amendment was adopted in 1791, later proposed on September 9. 1789. Read MoreCase Analysis : Petitioner Dennys Rodriguez986 Words   |  4 Pagesminimis intrusion on Rodriguez’s Fourth Amendment rights and was therefore permissible. The District Court denied the motion, based on the Magistrate Judge’s finding. Rodriguez entered a conditional guilty plea and appealed the denial of his motion to suppress to the Court of Appeals for the Eighth Circuit. The Eighth Circuit affirmed the decision finding the intrusion was de minimis and chose not to answer the question on reasonable suspicion. COURT’S ANALYSIS: Justice Ruth Bader Ginsburg deliveredRead MoreThe Trial No Search Warrant1049 Words   |  5 Pagesadmissible in criminal prosecution. On appeal, the Supreme Court of the United States reversed the judgment and remanded the case to the Court. â€Å"unlawful searches and seizure† â€Å"right to privacy† Issues: Is evidence obtained in violation of the fourth amendment, prohibiting â€Å"unreasonable searches and seizures† admissible as evidence in criminal procedures? Decision: Reversed. Evidence obtained through illegal searches and seizures are not admissible in a criminal prosecution. Reasoning: Justice TomRead MoreFbi Computer Analysis And Response Team ( Cart )1029 Words   |  5 PagesUniversity Course Name Instructor’s Name Date of Submission Review Questions 1) Organizations mentioned in the chapter that provide computer forensics training i) The FBI Computer Analysis and Response Team (CART) ii) The Department of Defense Computer Forensics Laboratory (DCFL) 2) FALSE 3) Fourth Amendment 4) The triad of computing security includes: vulnerability assessment, intrusion response, and investigation. 5) Three common types of digital crime i) Financial fraud: This involves using