The Fourth Amendment Historical Conception, Key...

Abstract The Fourth Amendment has two basic premises. One focuses on the reasonableness of a search and seizure, and the other on warrants. One view is that the two are distinct, while another view is that the second helps explain the first. However, which interpretation is correct is unclear. In addition, law enforcement today differs sharply from the period in which the Constitution s framers lived. During that period, no organized police forces existed that were even remotely like those of today. In contrast, today s law enforcement officials seem to have broad authority to search and seize. These powers are not generally subject to either statutory or regulatory control, and common law limitations are generally ill defined and†¦show more content†¦The English citizenry faced an unprecedented rise in searches and seizures using general warrants (Search and Seizure- The Fourth Amendment: Origins, Text, And History, 2014). The court cases for Wilkes v. Wood and Entick v. Carrington were tried in England. Charles Pratt, and 1st Earl Camden came to the lawful conclusion that a search carried out by the defendant in the name of the king was prohibited. The general warrant authorized the seizure of the Plaintiff s papers but not specific ones, and that the warrant lacked probable cause. This case became the precedent upon which all other criminal and civil cases under common law are determined (Search and Seizure- The Fourth Amendment: Origins, Text, And History, 2014). The third case that was tried dealt with Writs of Assistance. British customs inspectors seeking to eliminate smuggling in colonial Boston were given unrestricted search warrants, called writs of assistance. This allowed them to search any place where they suspected that smuggled goods existed. These writs, furthermore, permitted inspectors to force private citizens to help them carry out the searches. Some Boston merchants, represente d by James Otis, sued, seeking that the writs were invalid. Although he merchants lost the case, Otis s argument became famous and strengthenedShow MoreRelatedJuvenile Crime Issues in Today’s Criminal Justice System18893 Words   |  76 Pagesgrab her gear, and beat her.6 When the attackers shoved Maines’s head underwater, a bystander, 16-year-old Hosea Rivers, jumped into the lake and pulled the girls apart. A police report noted that Maines suffered cuts and bruises all over her body. A key finding of the Office of Juvenile Justice and Delinquency Prevention’s Study Group on Serious and Violent Juvenile Offenders is that most chronic juvenile offenders begin their delinquency careers before age 12, and some as early as age 10.7 The mostRead MoreOverview of Hrm93778 Words   |  376 Pagesto diverse audience/students, including those who are studying this as a supporting subject for their bachelor degree program. This course is designed to provide you the fou ndations of HRM whether you intend to work in HRM or not, most of these elements will affect you at some point in your career. Either you will be working with some organizations or having people working for you, in both cases you will be dealing with people. To be understandable and lively means that we need to communicate youRead MoreStrategic Marketing Management337596 Words   |  1351 PagesDeciding on the pricing objectives 12.12 Using price as a tactical weapon 12.13 Promotion and marketing communications 12.14 Distribution strategies and the distribution plan 12.15 Channel management 12.16 The ‘soft’ elements of the marketing mix CONTENTS ix 12.17 Integrating the elements of the marketing mix 12.18 Summary Stage Four: Which way is best? Strategic evaluation 13 Criteria of choice 13.1 Learning objectives 13.2 Introduction 13.3 Financial versus non-financial criteria; effectivenessRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 Pages Power and Politics 411 A Definition of Power 412 Contrasting Leadership and Power 413 Bases of Power 414 Formal Power 414 †¢ Personal Power 415 †¢ Which Bases of Power Are Most Effective? 416 †¢ Power and Perceived Justice 416 Dependence: The Key to Power 416 The General Dependence Postulate 416 †¢ What Creates Dependence? 417 Power Tactics 418 Sexual Harassment: Unequal Power in the Workplace 421 Politics: Power in Action 424 Definition of Organizational Politics 424 †¢ The Reality of Politics