Fourth Amendment - the Text, Origins, and Meaning

Fourth Amendment - the Text, Origins, and Meaning The Fourth Amendment to the United States Constitution is a section of the Bill of Rights that protects the people from being subjected to unreasonable searches and seizures of property by law enforcement officers or the federal government. However, the Fourth Amendment does not prohibit all searches and seizures, but only those that are found by a court to be unreasonable under the law. The Fifth Amendment, as part of the original 12 provisions of the Bill of Rights, was submitted to the states by Congress on September 25, 1789, and was ratified on December 15, 1791. The full text of the Fourth Amendment states: 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. Motivated by British Writs of Assistance Originally created to enforced the doctrine that â€Å"each man’s home is his castle,† The Fourth Amendment was written directly in response to British general warrants, called Writs of Assistance, in which the Crown would grant overarching, non-specific search powers to British law enforcement officials. Through Writs of Assistance, officials were free to search virtually any home they liked, at any time they liked, for any reason they liked or for no reason at all. Since some of the founding fathers had been smugglers in England, this was an especially unpopular concept in the colonies. Clearly, the framers of the Bill of Rights considered such colonial-era searches to be â€Å"unreasonable.† What Are ‘Unreasonable’ Searches Today? In deciding whether a particular search is reasonable, the courts attempt to weigh important interests: The extent to which the search intruded on the individuals Fourth Amendment rights and the extent to which the search was motivated by valid government interests, such as public safety. Warrantless Searches Not Always ‘Unreasonable’ Through several rulings, the U.S. Supreme Court has established that the extent to which an individual is protected by the Fourth Amendment depends, in part, on the location of the search or seizure. It is important to note that according to these rulings, there are several circumstances under which police may lawfully conduct â€Å"warrantless searches.† Searches in the Home:  According to Payton v. New York (1980), Searches and seizures conducted inside a home without a warrant are presumed to be unreasonable. However, such â€Å"warrantless searches† may be lawful under certain circumstances, including: If a responsible person gives the police permission to search the property. (Davis v. United States)If the search is conducted during a lawful arrest. (United States v. Robinson)If there is clear and immediate probable cause to conduct the search. (Payton v. New York)If the items being searched for are in plain view of the officers. (Maryland v. Macon) Searches of the Person:  In what is popularly known as its â€Å"stop and frisk† decision in the 1968 case of Terry v. Ohio, the Court ruled that when police officers see â€Å"unusual conduct† leading them to reasonably conclude that criminal activity may be taking place, the officers may briefly stop the suspicious person and make reasonable inquiries aimed at confirming or dispelling their suspicions. Searches in Schools:  Under most circumstances, school officials do not need to get a warrant before searching students, their lockers, backpacks, or other personal property. (New Jersey v. TLO)  Ã‚   Searches of Vehicles:  When police officers have probable cause to believe that a vehicle contains evidence of criminal activity, they may lawfully search any area of the vehicle in which the evidence might be found without a warrant. (Arizona v. Gant) In addition, police officers may lawfully conduct a traffic stop if they have reasonable suspicion that a traffic violation has occurred or that criminal activity is being carried out, for example, vehicles seen fleeing the scene of a crime. (United States v. Arvizu and Berekmer v. McCarty) Limited Power In practical terms, there is no means by which the government can exercise prior restraint on law enforcement officials. If an officer in Jackson, Mississippi wants to conduct a warrantless search without probable cause, the judiciary is not present at the time and cant prevent the search. This meant that the Fourth Amendment had little power or relevance until 1914. The Exclusionary Rule In Weeks v. United States (1914), the Supreme Court established what has been known as the exclusionary rule. The exclusionary rule states that evidence obtained through unconstitutional means is inadmissible in court and cannot be used as part of the prosecutions case. Before Weeks, law enforcement officials could violate the Fourth Amendment without being punished for it, secure the evidence, and use it at trial. The exclusionary rule establishes consequences for violating a suspects Fourth Amendment rights. Warrantless Searches The Supreme Court has held that searches and arrests can be performed without a warrant under some circumstances. Most notably, arrests and searches can be performed if the officer personally witnesses the suspect committing a misdemeanor, or has reasonable cause to believe that the suspect has committed a specific, documented felony. Warrantless Searches by Immigration Enforcement Officers On January 19, 2018, U.S. Border Patrol agents - without producing a warrant to do so - boarded a Greyhound bus outside the Fort Lauderdale, Florida station and arrested an adult female whose temporary visa had expired. Witnesses on the bus alleged that the Border Patrol agents had also asked everyone on board to show proof of U.S. citizenship. In response to inquiries, the Border Patrol’s Miami section headquarters confirmed that under the long-standing federal law, they can do that. Under Section 1357 of Title 8 of the United States Code, detailing the powers of immigration officers and employees, officers of the Border Patrol and Immigration and Customs Enforcement (ICE) can, without a warrant: interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States;arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States; andwithin a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, con veyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States. In addition, The Immigration and Nationality Act 287(a)(3) and CFR 287 (a)(3) states that Immigration Officers, without a warrant, may â€Å"within a reasonable distance from any external boundary of the United States...board and search for aliens in any vessel within the territorial waters of the United States and any railcar, aircraft, conveyance, or vehicle.† The Immigration and Nationality Act defines â€Å"Reasonable distance† as 100 miles.   The Right to Privacy Although the implicit privacy rights established in Griswold v. Connecticut (1965) and Roe v. Wade (1973) are most often associated with the Fourteenth Amendment, the Fourth Amendment contains an explicit right of the people to be secure in their persons that is also strongly indicative of a constitutional right to privacy. Updated by Robert Longley

What new things might just work in Corrections Essay

What new things might just work in Corrections - Essay Example be to ensure that all officers are not only satisfied, but also that the inmates are allowed to have a chance to reform and adapt themselves into the society once they are released. It has become essential for there to be some improvement in the management of correctional facilities because without it, it is most likely that the conditions within them might continue to deteriorate. Correctional facilities in the United States have undergone serious management issues over the past decades and this has been as a result of the many blunders that administrators have made when carrying out their duties. Because of such circumstances, correctional facilities have ended up being highly understaffed while at the same time being an unsafe place for both officers and inmates. Therefore, it is necessary to initiate reforms in correctional facilities because, despite there being places where convicts are kept away from society, they are also small communities which have to be well managed to ensure that there is harmony. It has been recognised that there is a need for leadership in the management of correctional facilities since this is the only way through which their managements will be able to effectively ensure the well being of all those who live or work within them (Jung, Wu & Chow, 2008). Leadership has to be shown by prison management when dealing with the safety of the guards because of circumstances where they have to deal with criminals who are potentially violent so that they are not in any way endangered. Leadership is also necessary in cases where there is a potential of prisoners either harming themselves or others and this should be through the provision of psychological, health, and recreational facilities which help them in all manner of their lives. Management is the running of an institution using the established apparatus without necessarily having to make any changes. In most circumstances, management is often to blame in case of either the long term

Fly with me Essay Example | Topics and Well Written Essays - 1250 words

Fly with me - Essay Example The book reads, â€Å"The Pistol star was discovered by the Hubble Space Telescope in the early 1990s and it is located approximately 25,000 light years from Earth it’s the direction of Sagittarius† Standing on the perspective of the earth, the star-containing region is to the western edge of the Constellation Sagittarius, the Archer. Among the stars in the local group of the galaxies, the most luminous of them is the Pistol Star. Its diameter is bigger than that of the Earth’s orbit around the Sun. The star produces more than ten million times the light produced by the Sol (L=10^6.3). It releases as much energy as the sun does in a year within six seconds only. At the back of his mind, the boy was thinking of what could have happened if the star was located on the current position of the sun. It has more than one hundred and fifty solar-masses. The star is thought to have begun with around two hundred to two hundred and fifty solar-masses. It has been discarding much of its substance over time. The star is characterized as a luminous Blue Variable because of the extremely luminous nature of the star coupled with the possession of more than forty solar-masses. Other features resulting to the mention class is the variable spectra and its surrounding ejecta. If it were not for the interfering dust between it and the earth, the star would be visible from the earth with the naked eye. These features made him pose. He was carried away by thoughts of how exactly the cloud was like. He was engulfed by thoughts of the origin of the cloud of dust. The star is thought to be around one point seven and two point one million years old. It is expected to explode in supernovae within the next one to three million years. The creation of the Pistol Nebula was from an eruption in the outer layers of the star, which released up to ten solar masses of material in huge outpourings about four thousand to six thousand years ago. The star is still expected to

Evaluating Employees with Ease Essay Example for Free

Evaluating Employees with Ease Essay Performance evaluations are a critical component of human resource management in any organization. In â€Å"Evaluating Employees with Ease† Sharon LaBuke gives useful tips designed to help nursing employers conduct evaluations that translate into a positive experience for their employees. In LaDuke’s view, the first priority is to strategize the process. A good place to start is the examination of the evaluation document that forms â€Å"a common frame of reference for both manager and employee† (LaDuke, n.d., p. 49). It is noteworthy that the author places cultural issues at the top of the list of priorities, suggesting that employers thoroughly evaluate the culture of their facility to see whether the process is consistent with the culture. Relationships with the people evaluated and finding the right language are also at the top of the list, since these issues help set the right kind of atmosphere for the evaluation process, suggesting that people will feel better if they know the employer has the right kind of attitude. The second set of suggestions involves more organizational aspects. For example, LaDuke suggests that people will feel the evaluation is more objective when they know that they are being evaluated on an ongoing basis, with feedback offered throughout the year. To help make assessments more detailed and grounded in facts, employers can log important events and try to address them in a timely fashion. The creation of a personal plan for improvement is also a useful idea. Created with staff input, this plan can serve as a roadmap for individual development, helping the person to focus on the right areas. Constantly following up on the progress with the plan, the manager can create an ongoing dialogue with the employee concerning personal needs. The author effectively captures the most important points in the evaluation process. It is helpful that the focus is on the personal development of the employee, not on evaluation per se. the nurturing nature of such evaluation clearly has the potential to contribute to the employees’ development and foster adequate atmosphere in the organization. Reference LaDuke, S. (n.d.). Evaluating Employees with Ease.

Essay --

Assignment #1 Ethics Bernie L. Madoff Investment Securities LLP was part of what is considered to be one of the largest financial frauds in U.S history. The Wall Street investment firm was used as an elaborate â€Å"Ponzi Scheme† that extorted upwards of $65 billion from unsuspecting investors. The Ponzi scheme is a fraudulent investment operation that pays earnings to older investors using the money generated from newer investors. The Ponzi scheme was perpetrated by founder Bernie Madoff and was carried out for a number of years until 2008 when he was finally convicted. Bernie L Madoff Investment Securities LLP was founded in 1960 by Chairman Bernie Madoff and was one of the top market-maker businesses primarily serving as the middleman between buyers and sellers of shares. Bernie Madoff first started his firm as a penny stock trader using the $5,000 he saved up from his job as a lifeguard and sprinkler installer. As time went on he was able to build up his firm with the help of his father-in-law, Saul Alpern who referred him to a large circle of friends and families which further helped expand his business (Biography.com). The firm eventually became so successful that by the 1980s, the firm handled up to 5% of the trading volume on the New York Stock Exchange. The firm also helped develop the National Association for Securities Dealers Automated Quotations (NASDAQ), a computer technology information platform which the firm used to broadcast stock quotes. In the 1990s Bernie Madoff was eventually named chairman of NASDAQ (DeGrace, 2011). Alongside B ernie Madoff was his brother Peter Madoff who was the firm’s chief compliance officer and senior managing director. Bernie also hired his two sons Mark and Andrew Madoff at his firm. ... .... According to the nytimes.com, it is required under the SOX that brokerage firms such as Madoff Securities are required to be audited by firms registered with the Public Company Accounting Board. However, the S.E.C issued a rule to waive that requirement for privately held brokerage firms. This again allowed Friehling & Horowitz who weren’t registered with the board to continue on doing the audits for Madoff Securities. (Norris, 2009) It’s obvious that Bernie Madoff was highly respected among his peers for his knowledge and experience in stock trading and he used that leverage to manipulate hundreds of investors. His returns despite seeming suspicious left his investors wanting more. There’s no doubt greed was the driving force behind Madoff’s unethical behaviour but it could also be said greed was also the reason Madoff was able to get away with it for so long.

Rhetorical Analysis Model of Christian Charity

In John WinthropÊ ¼s sermon, â€Å"Model of Christian Charity,† Winthrop uses persuasive diction and ï ¬ gures of speech to reinforce his idea of a â€Å"city upon a hill,† which is having absolute unity and conformity in able for the colony to prosper, in which others will look to as an example for guidance. His entire sermon is in a ï ¬ rst person plural to refer to the Puritans that he is speaking to and saying that they are a group that is not diverse. Winthrop states that they must be â€Å"knit together, in this work, as one man,† which means that every individual is meant to make a commitment to the group; that those individuals are meant to work together as common destiny. By referring that the Puritans must follow the ideas of being the city upon a hill, suggesting that they all come together no matter what their differences are to become a much larger entity, in which others around them will follow for guidance. Not only does John Winthrop insist o n the unity between and among the individual Puritans, he also searches in a unity between God and humans.Winthrop talks about the deep bond that the Puritans have with God; he is not only binding them together, but he is also showing the higher purpose that God intends to have. Winthrop states that is order to keep the bond with God they must follow his ways and keep their â€Å"Covenant with Him,† so they will be able to prosper. Winthrop is combing politics with religion that foreshadows this type of theocracy to come and also dramatically setting this as an example of a spiritual and physical unity that Winthrop seems to impulse on among his people and between his people and God.Winthrop shows his desire for his city upon a hill through his motivational speaking to the Puritans and suggesting them to have this sense of community to succeed their goal and to have faith in God and in his ways, to succeed in this pride of accomplishment.

The Catcher Of The Rye By F. D. Salinger - 1795 Words

During the 1950’s, literature underwent a tremendous change in structure as well as philosophy. J. D. Salinger’s book The Catcher in the Rye helped contribute to this revolution by highlighting new philosophies in literature. This is evident in pre-1950 writing as well as the changes that persisted through the remaining part of the decade, especially in the writing style popularized during the Great Depression. The Catcher in the Rye also contributed to a change in conflict. This conflict started as an external object to overcome, but after the release of this book and others, the conflict changed from external to internal and became a moral or philosophical struggle to be thought about rather than something to overcome. Jerome David Salinger began his life on January 1, 1919 in New York, New York. Salinger was born to Sol and Miriam Salinger, and he was the younger of two children. Salinger’s father was a rabbi who ran a successful ham and cheese import business. Salinger mother was Scottish-born and non-Jewish, but mixed marriages were looked at crudely. So Miriam decided to hide her heritage from almost everyone and it was only after Salinger’s bar Mitzvah that he found out about his mother s heritage. Salinger was shipped to Valley Forge Military Academy after flunking out of McBurney School, even though he is intelligent. Valley Forge Academy was also some of the first exhibition writing Salinger participate in, This included being editor of his school YearbookShow MoreRelatedF. D. Salinger s Catcher Of The Rye1721 Words   |  7 PagesJ. D. Salinger’s Catcher in the Rye features a complex narrative surrounding a troubled young student, Holden Caulfield. Difficulties he f aces throughout the story force Holden to confront his fears of adulthood and maturation and the responsibilities therein through the difficulties he faces throughout the story. Academic controversy surrounds whether Holden learns from these confrontations and adjust accordingly, maturing throughout the story. While initially this seems rather subjective, a thoroughRead MoreThe Catcher Of The Rye, By F. D. Salinger1795 Words   |  8 Pages literature underwent a tremendous change in structure as well as philosophy. J. D. Salinger’s book The Catcher in the Rye helped contribute to this revolution by highlighting new philosophies in literature. This is evident in pre-1950 writing as well as the changes that persisted through the remaining part of the decade, especially in the writing style popularized during the Great Depression. The Catcher in the Rye also contributed to a change in conflict. This conflict started as an external objectRead MoreEssay about The Catcher in the Rye Should be Included in the Curriculum1083 Words   |  5 Pagesabout the inclusion of The Cather in the Rye, by J.D. Salinger in the high school english curriculum. This is such due to the inappropriate and adult oriented themes within If considered, many times within the novel the main character will face situations in which that the negative and vulgar themes will blossom into something meaningful that the reader can benefit from as a person and as a student. While the vulgarity and adult themes in The Catcher in the Rye are indeed inappropriate for adolescentRead MoreJD Salinger Research Paper1671 Words   |  7 Pages Jerome David Salinger, also known as J. D. Salinger, is a fascinating author best known for his novel, Catcher in the Rye. Although Salinger only published one novel, he wrote several short stories for magazines like The New Yorker and Story. A large number of these stories went on to be compiled into books such as Nine Stories, Franny and Zooey, and Raise High the Roof Beam, Carpenters and Seymour: An Introduction. Despite the fact Salinger has not published any stories in over 45 years, his reputationRead MoreCatcher In The Rye Essay example1672 Words   |  7 PagesFrom the Outside, Looking In Despite the debate that may wage on regarding the status to be afforded J. D. Salingers writings, the authors books have not quietly faded into obscurity. Although published almost a half-century ago, the authors most famous work, Catcher in the Rye, enjoys almost as healthy and devoted a following today as the book did when it was first published. Because of a self-imposed exile that began almost at the same time the Salingers career was just taking off, muchRead MoreHoldens Attitude to Loss - the Catcher in the Rye942 Words   |  4 PagesThe Catcher In The Rye Holden’s Attitude To Loss And Goodbyes The theme of loss and goodbyes recurs throughout The Catcher in the Rye and each occurrence reinforces Holden’s negative attitude towards change. The most vivid quote to gain insight into Holden’s view on change and subsequently loss (Byrne, Kalua and Scheepers 2012: 64) is in chapter 16 when Holden reflects back on his childhood and his regular school visits to the Natural History Museum, Holden finds a great comfort in the staticRead MoreThe First Person Narrator in J.D Salinger’s The Catcher in the Rye1097 Words   |  5 PagesIn J.D Salinger’s The Catcher in the Rye, the first person narration played a critical role in helping the reader to know and understand the main character, Holden Caulfield. Salinger also uses symbolism to help portray the theme that not everything that glitters is gold. Holden, in his narration, relates a flashback of a significant period of his life, three days and nights on his own in New York City. Through his narration, Hol den discloses to the reader his innermost thoughts and also helps toRead More Importance of Language in The Catcher in the Rye Essay1711 Words   |  7 Pages   Ã‚  Ã‚   The Catcher in the Rye, like many other great works, was met by scornful criticism and unyielding admiration. However, many literary critics also marveled at Salingers use of language, which was used to make Holden Caulfield, the main character, extremely realistic. Such language includes both repetition of phrases and blatant cursing, in order to capture the informal speech of the average, northeastern American adolescent. Through Holdens thoughts and dialogues, Salinger successfully createdRead More J. D. Salinger Essay2481 Words   |  10 PagesJ. D. Salinger J. D. Salinger The worth of a book is to be measured by what you can carry away from it. -James Bryce* In 1945, a novel was published that would forever change the way society views itself. The book, entitled The Catcher in the Rye, would propel a man named Jerome David Salinger to fame as one of the most famous authors of the twentieth century. This same man, not ten years after the publication and while still in the peak of his career, would depart from this society- theRead MoreThe Great Gatsby And The Catcher In The Rye Analysis1028 Words   |  5 PagesThe Great Gatsby is set in the 1920s while The Catcher in the Rye is set in the 1950s. Despite the time periods being 30 years apart, both novels depict the American Dream in similar ways through the protagonist. The Great Gatsby follows the story of young man, Jay Gatsby, trying to win back his former love interest, Daisy, through his acquisition of wealth. The Catcher in the Rye is narrated by a male teenager, Holden Caulf ield, and follows the story of how he ended up in a mental hospital. The