Fourth Amendment Essays and Research Papers

Instructions for Fourth Amendment College Essay Examples

Title: war on terror

  • Total Pages: 3
  • Words: 813
  • Sources:0
  • Citation Style: APA
  • Document Type: Essay
Essay Instructions: Do you believe that the Fourth Amendment has been violated in the wake of the “War on Terror?” Why or why not?

[ Order Custom Essay ]

[ View Full Essay ]

Excerpt From Essay:
Sources:

Works Cited:

Larsen, R. (2007). Our Own Worst Enemy: Asking the Right Questions About Security to Protect You, Your Family, and America. New York: Grand Central Publishing.

Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st

Century. New Jersey: Prentice Hall.

Order Custom Essay On This Topic

Title: Look text Fourth Amendment Does amendment define unreasonable search How Supreme Court interpret meaning search case Katz v United States 389 U.S. 347 1967 differ interpretation Olmstead v United States 277 U

  • Total Pages: 2
  • Words: 580
  • References:3
  • Citation Style: MLA
  • Document Type: Research Paper
Essay Instructions: Look at the text of the Fourth Amendment. Does the amendment define exactly what an "unreasonable search" is? How did the Supreme Court interpret the meaning of "search" in the case Katz v. United States, 389 U.S. 347 (1967), and how did it differ from its interpretation in Olmstead v. United States, 277 U.S. 438 (1928), which the Court overruled? Is physical intrusion necessary to fall within the meaning of a "search"? Why or why not, according to Katz? Be sure to delineate at least four differences between the Fourth Amendment and its interpretation

[ Order Custom Essay ]

[ View Full Essay ]

Excerpt From Essay:
References:

Olmstead v. U.S.

Analyzing the stated language of the Fourth Amendment there is not an explicit definition of what constitutes an unreasonable search and seizure; only a generalized guarantee of protection against government intrusion. Prior to the Olmstead case in 1928 the Court had not commented substantively into Fourth amendment matters, the exception being Weeks v. U.S. In which the "the exclusionary rule was born; the exclusionary rule forbids the use of illegally obtained evidence in a criminal trial" (Fourth Amendment summaries.com. N.D.). The Court in Olmstead looked to more specifically identify the precise meaning of the reasonableness of search and seizure by government authorities. The case which involved "wiretaps of the basement of Olmstead's building (where he maintained an office) and in the streets near his home" (Oyez.org. N.D.) led the Court to consider the question of whether "the use of evidence disclosed in wiretapped private telephone conversations, violate the recorded party's Fourth and Fifth Amendments?" (Oyez.org. N.D.).

The Court's decision upholding a lower court conviction of Olmstead on bootlegging charges must be placed in the context of the nation's prohibition of alcohol and the government's attempts to enforce the 18th Amendment. As such the Court's opinion reflects a need for officers to utilize means necessary to collect "evidence of a conspiracy to violate the Prohibition Act" (Cornell University Law School. N.D.). The majority opinion reads the Fourth Amendment narrowly across several key areas. First, the wiretapping of "the basement of a large office building and on public streets" (Cornell University Law School. N.D.) did not constitute "trespass upon any property of the defendants" (Cornell University Law School. N.D.). Here the Court articulates a standard that a search is reasonable provided it does not "refer to an actual physical examination of one's person, papers, tangible material effects, or home" (Oyez.org. N.D.). Because none of Olmstead's personal property had been intruded upon, no unreasonable search had been committed. Second, the Court reasoned that wiretapping did not constitute a search because the protection of "the people to be secure in their persons, houses, papers, and effects" does not include the protection of "their conversations" (Oyez.org. N.D.). Lastly, "the wiretaps did not violate the Fourth Amendment because there had been no physical intrusion" (Law.JRank.org. N.D.) into areas which would be considered constitutionally protected. In identifying these markers, the Court's narrow constriction of the reading of the Fourth Amendment indicates the "interest of liberty will not justify enlarging

Order Custom Essay On This Topic

Title: Fourth Amendment Protection

  • Total Pages: 5
  • Words: 1733
  • Works Cited:2
  • Citation Style: MLA
  • Document Type: Essay
Essay Instructions: Essay Question - In his concurring opinion in Katz v. U.S. (1967), Justice Harlan stated that Fourth Amendment protection for individuals depends on two criteria being met: "first, that a person have exhibited an actual(subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as 'reasonable'." He went on to say that "a man's home is, for most purposes, a place where he expects privacy, but objects, activities, or statements that he exposes to the 'plain view' of outsiders are not 'protected,' because no intention to keep them to himself has been exhibited. On the other hand, conversations in the open would not be protected against being overheard, for the expectation of privacy under the circumstances would be unreasonable".

By the standard set forth here, should the Fourth Amendment protect homeless people from warrantless searches of shopping carts containing their possessions? In answering this question, be certain to draw upon relevant Fourth Amendment precedents.

[ Order Custom Essay ]

[ View Full Essay ]

Excerpt From Essay:
Works Cited:

Works Cited

http://www.questia.com/PM.qst?a=o&d=5020427742

Citron, Eric F. "Right and Responsibility in Fourth Amendment Jurisprudence: The Problem with Pretext." Yale Law Journal 116.5 (2007): 1072+.

A www.questia.com/PM.qst?a=o&d=5000281312

Greenhalgh, William W., and Mark J. Yost. "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's Warrant Clause." American Criminal Law Review 31.4 (1994): 1013-1098.

A www.questia.com/PM.qst?a=o&d=5008791036

Joh, Elizabeth E. "The Paradox of Private Policing." Journal of Criminal Law and Criminology 95.1 (2004): 49+.

William W. Greenhalgh, and Mark J. Yost, "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's Warrant Clause," American Criminal Law Review 31.4 (1994).

Eric F. Citron, "Right and Responsibility in Fourth Amendment Jurisprudence: The Problem with Pretext," Yale Law Journal 116.5 (2007).

Elizabeth E. Joh, "The Paradox of Private Policing," Journal of Criminal Law and Criminology 95.1 (2004).

Order Custom Essay On This Topic

Title: Using Fourth Amendment constitution based understanding upper middle lower tier classifications write a page paper describing constitutional considered upper middle lower tier

  • Total Pages: 3
  • Words: 942
  • Bibliography:4
  • Citation Style: MLA
  • Document Type: Research Paper
Essay Instructions: Using the Fourth Amendment of the constitution based on your understanding of the upper, middle, and lower tier classifications, write a three page paper describing the constitutional right and why it is considered upper, middle, or lower tier.

[ Order Custom Essay ]

[ View Full Essay ]

Excerpt From Essay:
Bibliography:

References

Cornell Law. (1971). U.S. v. U.S. District Court. Retrieved August 6, 2011 from http://www. law. cornell. edu/supct/html/historics/USSC_CR_0407_0297_ZO. html

LectLaw Library. (2011). Fourth Amendment U.S. Constitution. Retrieved August 6,

2011 from http://www. lectlaw. com/def/f081. htm

U.S. Legal. (2011). Writ of Certiorari. Retrieved August 6, 2011 from http://www. lectlaw. com/articles/at0037. htm

Order Custom Essay On This Topic
Request A Custom Essay On This Topic Request A Custom Essay
Testimonials:
“I really do appreciate HelpMyEssay.com. I'm not a good writer and the service really gets me going in the right direction. The staff gets back to me quickly with any concerns that I might have and they are always on time.’’ Tiffany R
“I have had all positive experiences with HelpMyEssay.com. I will recommend your service to everyone I know. Thank you!’’ Charlotte H
“I am finished with school thanks to HelpMyEssay.com. They really did help me graduate college.’’ Bill K