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Essay / Research Paper Abstract
This 6 page paper examines the fourth amendment with the use of various cases. Three major interpretations—the warrant approach, the reasonableness approach, and the special needs doctrine— are considered. Bibliography lists 8 sources.
Page Count:
6 pages (~225 words per page)
File: RG13_SA923law.rtf
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Unformatted sample text from the term paper:
approach, the reasonableness approach, and the special needs doctrine-in taking a look at this constitutional right. In Payton v. New York, 445 U.S. 573 (1980), for example, there is a
recognition that there is a difference between searches that would take place in ones home or office, and searches that would be carried out elsewhere (Radin, 1993). In Payton, it
was also argued that the fourth amendment protects people, not places (Radin, 1993). In U.S. v. Chadwick, 433 U.S. 1 (1977) the court "held that a locked footlocker, seized on
the probable cause ground that it contained contraband when its owners were arrested, could not be opened and searched in official custody without a warrant. The majority opinion said that
the government was wrong in argument that only homes, offices, and private communications implicate interests which lie at the court of the Fourth Amendment " (Radin, 1993, p.219). The
two cases fall under the category of the warrant approach, according to a student who also submits the following cases that fall under that category: Go-Bart Importing Co. v.
U.S., 282 U.S. 344; U.S. v. Edwards (see dissent), 415 U.S. 800 (1974); and Camara v. Municipal Court, 387 u.s. 523 (1967). Some of these cases support the notion that
when the police enter a home without a warrant, they are sometimes violating the fourth amendment, even if they claim that the entry was legal for other reasons. In the
OJ Simpson trial, the police argued that they had a right to be on his premises because there was a murder at his ex-wifes home. They claim they wanted to
be sure that everyone related to him were safe. In Camara v. Municipal Court, 387 u.s. 523 (1967) it was ruled that safety inspectors who entered a home did
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