CJA 364 Fourth Amendment Summary

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CJA 364 Fourth Amendment Summary


The Fourth Amendment of the United States Constitution contains rights guaranteed by the government to individuals in the country that have been incorporated to each state. Although the amendment is a component of the Bill of Rights, it had an extensive and controversial common law history before the construction of the Constitution. The Fourth Amendment as it stands in present day is analyzed and its common law background is evaluated in subsequent paragraphs.

The Fourth Amendment contains two clauses. The Reasonableness Clause recognizes the right of individuals to be "secure in their persons, houses, papers, and effects." Second, the Warrant Clause prohibits searches and seizures that are "unreasonable" or are not authorized by a warrant based upon probable cause and states that no warrant may be issued to a law enforcement officer unless that warrant describes particularity "the place to be searched, and the persons or things to be seized." (Maria, L.A. (1998).

  1. Reasonableness Clause - protects the people from unreasonable searches. Specific areas include:

Their person - includes searching articles of worn clothing for example

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Writea 350- to 700- word executive summary in which you define and examine the common law background of the Fourth Amendment.

Formatyour essay consistent with APA guidelines. Submit a Certificate of Originality and paste your Plagiarism Report at the bottom of your paper.

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