Fourth Amendment Rights Essay - 2040 Words

Fourth Amendment Paper Assignment Today, I am presented with a case that puts in question the violation of individual’s Fourth Amendment rights. This case also puts in question the rights of the authority placed in our streets, neighborhoods and towns to perform actions directed towards certain citizens in an effort to serve and protect the overall population. There must be a careful analysis in order to interpret the records of the incident that occurred to conclude who holds the most justified position in this case under the applicable laws. The Court of Appeals of the State of New York must also take into careful consideration the circumstances discussed and the ruling given by the District Court assigned to this case, which I†¦show more content†¦Defendant Miller evidently avoided walking by the officers. There are precise rules that involve the stopping of an individual by the authority. The Fourth Amendment states that â€Å"the right of the people to be s ecure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated†¦Ã¢â‚¬ . Specific distinctions within the Amendment are made in the prior case of Terry v. Ohio (392 U.S. 1 [1968]). These distinctions discuss the rules and regulations adherent to stops of individuals by the authority. According to Justice Warren, delivering the opinion of the court in this case, â€Å"the police should be allowed to ‘stop’ a person and detaining him briefly for questioning upon suspicion that the individual may be connected with criminal activity†. This statement basically explains that unusual conduct of an individual observed by the authorities can give reasonable suspicion that criminal activity may be afoot. This reasonable suspicion is grounds for a stop and brief questioning by the authorities. So, accordingly following these sets of rules, I must analyze how the law applies to reach a decision in favor, or in opposition to the stop of an individual. Defendant Miller clearly showed unusual conduct while walking in the street. He walked in one direction, looked toward the direction of the cops, and more profoundly made eye contact with oneShow MoreRelatedThe Fourth Amendment : The Rights Of The Citizens1343 Words   |  6 PagesThe Fourth Amendment reads: â€Å"The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated and no Warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized† (Smentkowski, 2014). The Fourth Amendment clearly states that an individual has the right to be secure in their persons, houses, papers and effectsRead MoreWiretapping And The Fourth Amendment Rights Of Criminals1559 Words   |  7 Pagesthe defendant s Fourth and Fifth Amendment. It was decided tha t the wiretapped data did not violate the Fifth Amendment, because he was not forced to say anything incriminating, and did not violate the Fourth Amendment because wiretapping is not considered search and seizure (which would require a physical search of a person’s belongings or possessions.) This event is important because it decided that wiretapping was legal and did not infringe on the Fourth or Fifth Amendment rights of criminals,Read MoreThe Fourth Amendment And The Rights Of Search Warrants1195 Words   |  5 Pages Because of the new technology boom, over the years the courts are being bombarded with request, for upholding or appealing, in what applies and does not apply, to the Fourth Amendment. The Fourth Amendment is within the Bill of Rights in the United States Constitution. The Fourth Amendment, clearly states people have a right to be secure in their privacy, in their own persons, own homes, and their own papers and their personal effects, against unreasonable searches and seizures. However, if thereRead MoreControversy Over Students Fourth Amendment Rights1474 Words   |  6 Pagesbeen increasingly subjected to weaponry, drugs, and violence. School officials are seeking ways to help maintain a safe environment for their students. The increase of violence has led to many cases of controversy over students’ Fourth Amendment rights. The Fourth Amendment prohibits unreasonable searches and seizures and requires a warrant to be presented and supported by probable cause. The problem with this is that requiring school officials to bring in police and for them to obtain a warrant takesRead MoreEssay on Violating the Fourth Amendment Rights of Antoine Jones788 Words   |  4 PagesIn this case, I am presenting an individual citizens Fourth Amendment protection captivated from Jones and others individuals. The government started investigating Jones with a suspicions conspiracy of drug trafficking. A tracking device installed on the defendants’ vehicle after a terminated authorize a warrant permanent to the Government to search and install a GPA on Jones vehicle. Antoine Jones and others with the same conspiracy of the investigation were sentenced life imprisoned by the DistrictRead MoreAn Examination Of Public School Studen ts Fourth Amendment Rights On Campus2286 Words   |  10 Pages Safety An Examination of Public School Students’ Fourth Amendment Rights on Campus Kathryn Hesse Communication 385 Fall 2014 The Fourth Amendment was written to protect every American’s personal right to privacy by issuing requirement for searches and seizures of one’s person and property. This amendment protects U.S. citizens from having their privacy violated by the government for no reason. According to the Fourth Amendment, â€Å"The right of the people to be secure in their persons, housesRead MoreAssignment Sub Heading : Fourth Amendment Right On Search And Seizure877 Words   |  4 PagesAssignment sub-heading: Fourth Amendment Right to search and seizure TITLE AND CITATION: Arizona v. Johnson, 555 U.S. 323 (2209) TYPE OF ACTION: This is a criminal case, did officers Trevizo violate the Fourth Amendment s protection against unreasonable searches and seizures during a routine traffic stop for suspended registration. Johnson was search even after he comply with officer Trevizo’s command. The Arizona Supreme Court denied review. We granted certiorari, and now reverse the judgmentRead MorePublic High School Students Have The First Amendment Right Of Free Expression And The Fourth Amendment Protection Against Unreasonable1277 Words   |  6 Pageshave the First Amendment right of free expression and the Fourth Amendment protection against unreasonable searches while they’re at school. These protections extend a student’s social media and to the digital contents of their cell phones. At the same time, public high schools have special characteristics associated with their duty to educate students and provide a safe and orderly place conducive to learning and so students accep t greater restrictions of their constitutional rights while in schoolRead MoreThe Death Of The United States933 Words   |  4 Pagesforward in their endeavors to earn the right to vote. In 1917, in response to public outcry about the prison abuse of suffragists, President Wilson reversed his position and announced his support for a suffrage amendment, calling it a â€Å"war measure† (Myers). By 1919, the House and the Senate approved of the 19th Amendment and only needed the state ratification to finalize the process. About three-fourths of the states were needed to ratify the new amendment. The battle for ratification came downRead MoreThe National Organization for Women and the Struggle for the Equal Rights Ammendment1153 Words   |  5 Pagesfor the Equal Rights Amendment. This topic will be a great way to learn about the background of how women fought for their rights, and how they gained them. This will be a great way to find out how the gender women established t heir equal rights. Womens rights are really important in todays society, so this will be a great way to learn a little more about how women came upon equal rights. Womens rights didnt just appear one day, they had to fight for what they thought was right. The first step