The Second Amendment Exceptions Essay - 1948 Words

Fourth Amendment: Exceptions Sir Edward Coke stated, â€Å"The house of everyone is to him as his Castle and Fortress as well for defense against injury and violence, as for his repose.† (qtd. in Pre- Founding†) This quote demonstrates the importance of one being secure in one’s home and belongings. No matter what home is, it is the â€Å"castle† and is used it to protect one from anything that could be a potential harm. This inalienable right, regarding searches and seizures, is one of the rights fought for during the Revolutionary War. This amendment adopted in 1792, is to ensure citizens to be secure in their houses, papers, and effects, and protect them from unreasonable searches and seizures with a reasonable cause to obtain a warrant. (â€Å"Fourth†) The idea of the Fourth Amendment dates back to the English common law, and has a large history containing illegal searches and seizures. This amendment is still broadly questioned and has resulted in many different interp retations involving Supreme Court cases. The history of the Fourth Amendment begins with the Semayne s case from 1604. This was long before the establishment of the Fourth Amendment, but was important in the formation of the amendment. Semayne s case acknowledged that the king could not intrude on his subjects, although in certain circumstances, with a lawful purpose and a warrant, the government could (Fourth). This case was revealed by the Attorney General of England, Sir Edward Coke (â€Å"Edward†).Show MoreRelatedJustice Scalia Often Uses The Texualist Approach When Arguing925 Words   |  4 Pagesvery narrow set of exceptions. According to Scalia, some content can â€Å"be regulated because of their constitutionally proscribable contents (obscenity, defamation, etc.).† Scalia’s argument is that there are certain exceptions in the text of the Constitution that allow for regulation of certain speech. He also grants that the â€Å"prohibition against content discrimination that we assert the First Amendment requires is not absolute.† In other words, the Constitution can give exceptions to its own constitutionallyRead MoreThe Fourth Amendment Of The U.s. Constitution1332 Words   |  6 PagesThe Fourth Amendment of the U.S. Constitution provides, [t]he 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. The ultimate goal of this provision is to protect people’s right to privacy and freedom from arbitrary governmentalRead MoreThe Professional Baseball Association Selected Victoria City Essay1702 Words   |  7 Pagesfound that the special needs exception to the Fourth Amendment applies to L.O. 1 923 because it addressed the special need of sex trafficking and was reasonable. Second†¦.. First, the special needs exception to the Fourth Amendment applies to L.O. 1923. The Board passed the ordinance for the primary purpose of protecting minors forced to engage in sex trafficking. This need was behind the normal needs of law enforcement and qualifies as a special need under the exception. The fact that law enforcementRead MorePolicy Proposal: Restriction to Freedom of Speech Clause965 Words   |  4 Pagesfollowing to exceptions that are allowed to speech and expression under the First Amendment (see boldface text). Restrictions on freedom of speech are currently permitted to be imposed on Speech that incites illegal or subversive activity Fighting words Symbolic expression Commercial speech Freedom of expression in public schools Obscenity and pornography Regulation of the Internet Artistic expression that may contain misleading or deceptive information Rationale: Exceptions to the freedomRead MoreThe Fourth Amendment : The Second Amendment943 Words   |  4 Pages The Fourth Amendment Noah Fleck November 30, 2015 My paper is going to be focused on the Fourth Amendment, which sets the baseline for searches and seizures. I will present what the Fourth Amendment is, what the rights of the individual are as stated in the Fourth Amendment, what limitations may be held within the Fourth Amendment, what must be included within the warrant, and more. I decided to write on this topic as I believe that it is important for us as citizens to knowRead MoreSearch And Seizure Exceptions . There Are Several Exceptions1400 Words   |  6 PagesSearch and seizure exceptions There are several exceptions to the principles of search and seizure. The plain view doctrine is an exception where evidence that is visible during a police search, even without a warrant, may be seized. This may be used in situations where a crime is in progress and an officer enters a residence. Any item within plain view that may be illegal will fall within this exception. It may also be used during a traffic stop. However, this exception is allowable only forRead MoreThe Rule Of The Exclusionary Rule1252 Words   |  6 Pagesearly 1900s, and it is a rule that some defendants who are involved in a felonious case tend to use as a remedy for unlawful searches that has a habit of violating their Fourth Amendment rights. This rule also dictates that any evidence that was unlawfully obtained should be ruled out as evidence under our Fourth Amendment, and the Mapp v. Ohio, 367 U.S. 643 is one of these cases that discusses this rule and evidences being excluded. Now, before this ru le was created, â€Å"any evidence was admissibleRead MoreOver The Past Decades The Fourth Amendment Of The United1586 Words   |  7 Pages Over the past decades The Fourth Amendment of the United States Constitution has been very controversial. One of the most debated issues in the courts and among civilians, with regards to the Fourth Amendment, is finding a precise and clear description of what is permissible by law, and also provides individuals their rights, and assures that law enforcement uses proper discretion. The median personnel in all cases involve law enforcement agencies. Generally speaking, if there is a court casesRead MoreMissouri V. Mcneely ( 2013 )1609 Words   |  7 PagesMissouri v. McNeely(2013) was a case decided by the US Supreme Court on an appeal from the Supreme Court in Missouri, regarding exceptions to the Fourth Amendment under exigent circumstances. On October 3, 2010, Tyler Gabriel McNeely was stopped by a police officer in Missouri for speeding and crossing over a centerline. The police officer asked McNeely if he could take a breath test to measure his blood alcohol level because he had noticed signs of intoxication, including bloodshot eyes, slurredRead MoreMissouri V. Mcneely ( 2013 )1610 Words   |  7 PagesMissouri v. McNeely(2013) was a case decided by the US Supreme Court on an appeal from the Supreme Court in Missouri, regarding exceptions to the Fourth Amendment under exigent circumstances. On October 3, 2010, Tyler Gabriel McNeely was stopped by a police officer in Missouri for speeding and crossing over a centerline. The police officer asked McNeely if he could take a breath test to measure his blood alcohol level because he had noticed signs of intoxication, including bloodshot eyes, slurred