4th Amendment

The meaning of the 4th Amendment comes from unlawful searches and seizures. For example, the 4th Amendment protects people from the unlawful search and seizure by police of their persons, their homes, and their belongings. If an officer violates the 4th Amendment, the victim can sue for wrongful arrest, among other things. To explore this concept, consider the following 4th […]

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California v. Acevedo

Following is the case brief for California v. Acevedo, Supreme Court of the United States, (1991). Case summary for California v. Acevedo: Acevedo was spotted carry a bag out of a house that was under police surveillance. Officers had probable cause to believe the bag, which Acevedo placed in his trunk, contained contraband. Officers then pulled over Acevedo, recovering the […]

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United States v. Leon

Following is the case brief for United States v. Leon, United States Supreme Court, (1984) Case summary for United States v. Leon: Police officers executed a facially valid search warrant unveiling evidence that was later introduced at trial. The warrant was later determined to lack probable cause. Leon, along with others, moved to suppress the evidence claiming introduction of the […]

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United States v. Jones

Following is the case brief for United States v. Jones, 132 S. Ct. 945 (2012). Case Summary of United States v. Jones: Police placed a GPS device on defendant’s car without a warrant.  The evidence gathered was used in a trial that resulted in defendant’s conviction. The Court of Appeals reversed the conviction on Fourth Amendment grounds. The U.S. Supreme […]

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Illinois v. Gates

Following is the case brief for Illinois v. Gates, United States Supreme Court, (1983) Case summary for Illinois v. Gates: The police received an anonymous letter claiming that Mr. and Mrs. Gates were running an illegal drug business and outlining future action. Upon receiving the letter, police further investigated and it was determined that most of the informants tips were […]

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Katz v. United States

Following is the case brief for Katz v. United States, 389 U.S. 347 (1967). Case Summary of Katz v. United States: The FBI, using a device attached to the outside of a telephone booth, recorded petitioner’s phone conversations while in the enclosed booth. Petitioner was subsequently convicted of making wagering calls in violation of federal law. The FBI’s recordings were used as […]

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Search Warrant

A search warrant is a court order authorizing law enforcement officials to search an individual’s private residence or other premises for evidence of a crime. The search warrant also allows law enforcement officials to confiscate any evidence they find that is related to the crime. Search warrants are made necessary by the Fourth Amendment to the U.S. Constitution, which protects […]

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Warrant

While most people associate the term warrant with a legal document that allows police to search a specified place, the term actually has a more general meaning. A warrant is a written authorization, issued by a judge or magistrate, that permits a specified act that would otherwise be illegal, as it would otherwise violate a citizen’s rights. The warrant, sometimes […]

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Judicial Review

In the United States, the courts have the ability to scrutinize statutes, administrative regulations, and judicial decisions to determine whether they violate provisions of existing laws, or whether they violate the individual State or United States Constitution. A court having judicial review power, such as the United States Supreme Court, may choose to quash or invalidate statutes, laws, and decisions […]

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