Can you assist me with this essay?

User Generated

Pnyvtvey24

Business Finance

Description

The Fourth Amendment is very important in Evidence Law. As you wrote about for your first essay, the exclusionary rule will sometimes mean that evidence obtained improperly will not be available as evidence in a criminal trial. For this essay please answer the following questions which address Fourth Amendment applicability and the application of those principles to a current issue in criminal evidence.

1) What are the two important factors mentioned in your text for determining when a "search" takes place? 2) Briefly explain those two factors and the important considerations that help define their parameters. 3) What were the main points made in your text underlying the areas of "open fields and curtilage" and "enhancement devices"? 4) Using those concepts, please consider the current issue at page 95 of your text and answer some of the questions in the 2d paragraph, and specifically the first question at the bottom of the page addressing limits on this activity, and why?

This assignment is intended to allow you to show your competence and understanding of the course materials as we progress through the semester. These responses are to be 3-4 pages in length, with a thorough but succinct answer to the posed research questions.


(Need Textbook: Criminal Evidence: An Introduction (3rd edition) Worrall, John L., Hemmens, Craig, & Nored, Lisa S., (2018).

User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Explanation & Answer

Here you go. In case of any further inputs, please let me know.All the best!I appreciate working with you!

Running head: THE FOURTH AMENDMENT

The Fourth Amendment
Name
Course
Professor
Date

1

THE FOURTH AMENDMENT

2

The two critical factors mentioned for determining when a search takes place
One of the thresholds, as enshrined in the 4th Amendment, is to learn there is a
justification for searching. Initially, the 4th Amendment hinged on individual property rights –
the police officers physically intrude on houses, persons, effects or papers – seeking to obtain
information. In this case, therefore, a search is established. In Olmstead v. the United States
(1929), the Supreme Court held that the 4th Amendment only applied to such cases that relate to
physical intrusion, and other forms of surveillance.
However, in Katz v. the United States (1968), the Court expanded the 4th Amendment
protections focusing on recognizing a personal right to privacy. In this case, the U.S. Supreme
Court ruled that a search and transpired when the police tapped the telephone booth with the use
of a microphone. Despite that there was no case of physical intrusion, the Court argued that, by...


Anonymous
Really helped me to better understand my coursework. Super recommended.

Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4

Similar Content

Related Tags