searches and seizures

Examples of searches and seizures in the following topics:

• The Fourth Amendment and Search and Seizure

  • Constitution is the part of the Bill of Rights guarding against unreasonable searches and seizures.
  • Walling, there was a distinction made between a "figurative or constructive search" and an actual search and seizure.
  • The court held that constructive searches are limited by the Fourth Amendment, while actual searches and seizures require a warrant based on "probable cause."
  • The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights ([fig:9477]]) guarding against unreasonable searches and seizures, as well as requiring any warrant to be judicially sanctioned and supported by probable cause.
  • The text of the Fourth Amendment states the following: "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 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. "

• The Fourth Amendment

  • The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause.
  • 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 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.

• The Exclusionary Rule

  • United States under the Fourth Amendment prohibiting unreasonable searches and seizures.
  • The exclusionary rule is grounded in the Fourth Amendment and is intended to protect citizens from illegal searches and seizures.
  • Prisoners, probationers, parolees and persons crossing U.S. borders are among those receiving limited protections.
  • The exclusionary rule as it has developed in the U.S. has been long criticized, even by respected jurists and commentators.
  • It has ultimate (but largely discretionary) appellate jurisdiction over all federal courts and over state court cases involving issues of federal law, and original jurisdiction over a small range of cases.

• The First and Fourth Amendments and Issues of Terrorism and Security

  • The Fourth Amendment applies to governmental searches and seizures, but not those done by private citizens or organizations that are not acting on behalf of a government.
  • The Fourth Amendment has been held to mean that a warrant must be judicially sanctioned for a search or an arrest.
  • The Fourth Amendment applies to governmental searches and seizures.
  • It does not apply to searches and seizures done by private citizens or organizations not acting on behalf of a government.
  • This means no warrant would be required to engage in even physical searches of non-U.S. citizens abroad.

• Ratification of the Constitution

  • Pennsylvania followed on December 12 and New Jersey ratified on December 18, also in a unanimous vote.
  • Amendment 1: Establishes freedom of religion, speech, the press, assembly, and petition.
  • Amendment 4: Interdiction of unreasonable searches and seizures; a search warrant is required to search persons or property.
  • Amendment 6: Establishes rights to a fair and speedy public trial, to a notice of accusations, to confront the accuser, to subpoenas, and to counsel.
  • Amendment 8: Bans cruel and unusual punishment, and excessive fines or bail.

• The Right to Privacy

  • The Right to Privacy is a law review article written by Samuel Warren and Louis Brandeis.
  • The authors begin the article by noting that it has been found necessary from time to time to define anew the exact nature and extent of the individual's protections of person and property.
  • Then the authors point out the conflicts between technology and private life.
  • They note that recent inventions and business methods, such as instant pictures and newspaper enterprise have invaded domestic life, and numerous mechanical devices may make it difficult to enjoy private communications.
  • The Fourth Amendment to the Constitution of the United States ensures 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 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.

• Continuing Challenges in Race Relations in the U.S.

  • Agnew had little interest in the work, and Labor Secretary George Shultz did most of it.
  • The practice is controversial and illegal in many jurisdictions.
  • Constitution, which guarantees the right to be safe from search and seizure without a warrant (which is to be issued "upon probable cause"); and the 14th Amendment, which requires that all citizens be treated equally under the law.
  • Opponents of racial affirmative action argues that the program actually benefits middle and upper class African Americans and Hispanic Americans at the expense of lower-income European Americans and Asian Americans.
  • enriching state, institutional, and professional leadership with the full spectrum of society;

• The Bill of Rights

  • These limitations serve to protect the natural rights of liberty and property.
  • They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and reserve some powers to the states and the public.
  • The Bill of Rights implicitly and legally only protected white land-owning men, excluding American Indians, people considered to be "black" (now described as African Americans), and women.
  • The Eighth Amendment prohibits excessive bail and cruel and unusual punishment.
  • James Madison, "Father of the Constitution" and first author of the Bill of Rights

• Incorporation Doctrine

  • Baltimore (1833), the Supreme Court declared that the Bill of Rights applied to the federal government, and not to the states.
  • The first instance of incorporation include the case Chicago, Burlington and Quincy Railroad v.
  • Amendment IV, unreasonable search and seizure, has been incorporated against the states by the Supreme Court's decision in Wolf v.
  • Amendments IX and X have not been incorporated against the states, as they apply expressly to the federal government alone.
  • Amendment VI, the right to a trial by a jury and the right to counsel, was incorporated against the states in the case Gideon v.

• The Supreme Court as Policy Makers

  • Madison (1803), consummating the system of checks and balances.
  • Farmers' Loan and Trust Co. (1895) and the 16th Amendment overturned some portions of Oregon v.
  • On the other hand, through its power of judicial review, the Supreme Court has defined the scope and nature of the powers and separation between the legislative and executive branches of the federal government.
  • United States (1935), the Steel Seizure Case (1952) and United States v.
  • Discuss the constitutional powers and authority of the Supreme Court and its role in developing policies