The Violation Of Fourth Amendment - 844 Words

In this case there are a few issues on appeal raised by Sitz. One of the issues was did the checkpoint violate the Fourth Amendment and did it forbid the balancing test. Another issue was that did it actually fail the effectiveness part of the Brown test. Furthermore, the issue of did the sobriety checkpoint which is permitted by the United States Constitution, violate the Michigan State Constitution (supreme.justia.com n.d). There was also issues of did the sobriety checkpoint have a very high or low arrest result or rates because there were questionable deterrent value. Therefore, the lack of this information brought forward question on does the sobriety checkpoints serve a purpose and do they really stop or just simply curb drunk driving. Although, there was the issue of the violation of Fourth Amendment, there was also an issue of did it also violate the Fourteenth Amendment of the United States Constitution as well because even though Michigan Constitution affords its citizens g reater rights than those provided by the federal constitution (supreme.justia.com n.d). The appellate court heard all of the issues dealing with this case and decided that there were in fact some violations of the Michigan Constitution and the Fourth Amendment. It was stated that the sobriety checkpoint violated the Fourth Amendment of the United States Constitution as well as the Michigan Constitution because it offers the same protection as the federal constitution. They also foundShow MoreRelatedThe Violation Of The Fourth Amendment3158 Words   |  13 Pagesrun this country as well as secure protection rights of all citizens. Since then, there have been many incidents that question the violation of citizens’ rights under the Constitution, such as the violation of the fourth amendment which protects citizens from unreasonable searches and seizures especially in the school system and on college campuses. The fourth amendment states, â€Å"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizu resRead MoreIs Government Surveillance a Violation of the Fourth Amendment1245 Words   |  5 Pages arguably, the key technology to preventing terrorist plots (Eijkman 1). Government surveillance is a rising global controversy; and, although minimal coverage could possibly result in safer communities, too much surveillance will result in the violation of citizen’s privacy. Undeniably, there is reasoning behind a watchful government. After 9/11, anti-terrorism acts were in high gear and legislators passed the Patriot Act, which increased the amount of surveillance powers that the government heldRead MoreDrug Testing is a Violation of the Fourth Amendment Essay2456 Words   |  10 Pagesrecipients or federal contractors to maintain drug-free workplaces. Most of the employers set up voluntary testing programs and many employees began to sue, claiming that individual testing is a violation of privacy rights (Horgan, 21). The argument is that the employees are being deprived of their Fourth Amendment protection (22). Many believe that government testing programs should be unconstitutional unless the authorities have either reasonable suspicion or probable cause that the individualsRead MoreThe Fourth Amendment And The Violation Of Power By The British Crown And Its Officers1826 Words   |  8 PagesThe Fourth Amendment was the result of the abuse of power by the British crown and its officers. Writs of assistance in the form of general warrants were issued at will to search and seize whatever officers wanted without legal grounds. These flagrant disregards of the colonist’s privacy along with other abuses were the impetuses that lead to the American Revolution. After winning independence, the United States Constitution and the Bill of Rights emerged. Later the ratification of the FourthRead MoreThe Issue Of Concern : Warrantless Gps Devices A Violation Of The Fourth Amendment1129 Words   |  5 Pagescitizens of USA. Somewhere along the lines, a few forget the oath and end up vio lating some of those rights. This paper present a few violations of rights under the US Constitution scenario; furthermore, it will also attempt to explain the outcomes. First Issue of concern: Warrantless GPS Devices a violation of the Fourth Amendment Summary of Facts Despite not obtaining a warrant or following instructions from the Sheriff to hold off, Officer Renegade placedRead MoreThe Fourth Amendment : Historical Conception, Key Elements, Legalities, And Violations1221 Words   |  5 PagesAbstract 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 todayRead Morevirginia v morre Essay1248 Words   |  5 Pagesdriving on a suspended license. This violation could have lead to chubbs serving a 1-year in jail and a $25,000 fine, according to Va Code Ann 18.2-11. The officers then searched the vehicle in which chubbs was driving. During the search of the vehicle the officers found 16 grams of crack cocaine and $516 in cash. The state law of Virginia states that the officers should have offered Moore a summons rather than arresting him. The statutes of the Fourth Amendment give the officers the right to searchRead MoreEssay about The Exclusionary Rule620 Words   |  3 Pagesenforceable remedies imposed on the government for violations of those rights. In 1914, the U.S. Supreme Court, in the landmark case of Weeks v. United States,2 introduced the exclusionary rule as a remedy for violations of the Fourth Amendment.3 The Weeks Court felt that the only effective way to enforce the Fourth Amendment right to be secure from unreasonable searches and seizures was to adopt a rule that evidence seized in violation of the Fourth Amendment could not be used by the government againstRead MoreThe Fourth Amendment Of The Constitution1107 Words   |  5 PagesThe Fourth Amendment of the Constitution was ratified in 1791 and is an important amendment in the Bill of Rights. The Fourth Amendment is â€Å"the right 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 persons or things to be seized† (Charles Wetterer). The issueRead MoreThe Transportation security Administration (TSA) is Violating the Fourth Amendment536 Words   |  3 Pages The Fourth Amendment is rather specific in its wording:    â€Å"The right 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 persons or things to be seized† (www.law.cornell.edu).    The importance of this amendment is for all citizens to be able to protect their