4th Admenment
The one of the most important thing that we have to keep us safe form the govenerment is the bill of rights. No one wants the government to be able to take advantage of his or her power. The bill of rights is the rights that are given to an individual that gets in trouble with the law. In 1791 the first ten amendments were ratified in the Constitution. Most people today have an idea about what the bill of rights are but they don't have an understanding. The 4th amendment is called search and seizure amendment. The U.S Supreme Court has interpreted the 4th Amendment about search and seizure. I think that the U.S Supreme Court has interpreted parts of the 4th amendment correctly, but parts of it are out of date for the 21-century.The U.S Constitution has been changes and interpreted over the years. The 4th Amendment states: The rights 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 person or things to be seized. The 4th Amendment has many guidelines that most American doesn't know about. Th
ere are questions just to find out if the 4th Amendment applies. Did a "search or "seizure" occurs? Is a governmental conduct involved? The last question is can the defendant show a reasonable expectation of privacy? For the 4th Amendment to apply there need to answer yes to the three questions. I belilive that the questions are an important part of the 4th Amendment. First thing a person needs to know if a search or a seizure have occurred. The Supmre Court as an examination or exploration a person expectation of privacy subjective and objective has defined a search. The main reason is to discover things that can be use for criminal prosecution. A seizure has been defined main control of a person or things by the govenerment. An actual seizure is accomplished by taking someone into custody with force. A Constructive seizure is without any force. The second question is there any governmental conduct is involved. With the 14th Amendment any state or federal involved with the search or the seizure. The third question is that there needs to be subjective and objective that there is a reasonable expection of privacy. I think that the three questions should be know by the American people so, they will know even if the 4th Amendment applies. Over the years it has becoming common for schools across the nation to pass rules that certain people have been subject to random drug testing. Under the protection of unreasonable search and seizures, including the bodily searches. In the fourth amendment, athletes feel that at the high school level, they have to submit a drug test to compete and are being violated. There is also another side, there are people who believe that if they want to compete in sports, and then they should have a subjective to take a drug test for fair competitions. For only the athletes that have to take a drug test, is in a way like vehicle stops based on racial profiles. There have been laws saying that an officer can't pull someone over because of their racial profiles. Schools are doing what can be call as athlete profiling because it can be against the equal protection clause. Eric Bukovinshy, a high school student says, "I don't want to be attending a school district where I'm guilty until proven innocent". I think that Bukovinshy is right because in the United States you're innocent until proven quitly and not the other way around. He shows that without probable cause of reasonable supession no one can be search with out consent. The reasonablenees of any search should depend on the facts of each case. Many courts have been using the case the Vernonia school district to be able to drug test students. Some school district have said it is unconstition, to single out the athletes for the school. Some school district don't drug test because that it is against the fourth Amendment. In the fall of 1991, a seventh grader wanted to play football and he was denied to participation, because he and his parents refused to sign the testing consent forms. They filed suite, that the policy violates the fourth and fourteenth Amendements of the United States Constitution and the Oregon Constitution. After a bench trail, the District Courts order denying the claims and dismissing the action. The United States Court of Appeals of the Ninth Vircuit reversed, holding that the policy violated both the
Some common words found in the essay are:
Supreme Court, United Ross, Supmre Court, Olympic Training, Weeks United, Amendment Construction, Mapp Ohio, , Ninth Vircuit, Wayne Action, 4th amendment, exclusionary rule, drug testing, search seizure, drug test, probable cause, fourth amendment, supreme court, school district, search seizures, interpreted 4th amendment, 4th amendment applies, body cavity search, involved search seizure, able drug test,
Approximate Word count = 2243
Approximate Pages = 9 (250 words per page double spaced)
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