Discussion: Violation of the Fourth Amendment

Discussion: Violation of the Fourth Amendment

Discussion: Violation of the Fourth Amendment

Question details: Guided Response: Respond to at least two of your peers’ posts (as well as any comments made by your instructor) in a substantive manner and provide information or concepts that they may not have considered. Each response should have a minimum of 100 words. Support your position by using information from the week’s readings. You are encouraged to post your required replies earlier in the week to promote more meaningful and interactive discourse in this discussion forum. Continue to monitor the discussion forum until Day 7 and respond with robust dialogue to anyone who replies to your initial post. jenny LThe Court of Appeal chose to uphold the district court’s denial of the suppression motion and imposition of sentence (United States v. Hall, 1995). The search and seizure was not seen as a violation of the Fourth Amendment because the contents were placed in a location that was not barred from public entry. The Fourth Amendment protects the right of people to be secure in their houses, persons, papers, and effects. However, if an item is available in plain view, it is not subjected to protection under the Fourth Amendment. If the dumpster had been on private property instead of commercial property, it would still not have been protected under the Fourth Amendment because the dumpster itself would have been in plain sight to those outside the area. “In order for persons to preserve Fourth Amendment protection in the area immediately surrounding the residence, they must not conduct an activity or leave an object in the plain view of those outside the area” (United States v. Hall, 1995).If I were an executive at Bet-Air, I would recommend adding gates and signs to indicate that the road and areas leading to the dumpster are private property with no trespassing allowed. To incur the protection under the Fourth Amendment, occupants of a commercial building, in contrast, must take the additional precaution of affirmatively barring the public from the area (United States v. Hall, 1995).

References: United States v. Hall, 47 F.3d 1091 (11th Cir. 1995).

You must proofread your paper. But do not strictly rely on your computer’s spell-checker and grammar-checker; failure to do so indicates a lack of effort on your part and you can expect your grade to suffer accordingly. Papers with numerous misspelled words and grammatical mistakes will be penalized. Read over your paper – in silence and then aloud – before handing it in and make corrections as necessary. Often it is advantageous to have a friend proofread your paper for obvious errors. Handwritten corrections are preferable to uncorrected mistakes.

Use a standard 10 to 12 point (10 to 12 characters per inch) typeface. Smaller or compressed type and papers with small margins or single-spacing are hard to read. It is better to let your essay run over the recommended number of pages than to try to compress it into fewer pages.

Likewise, large type, large margins, large indentations, triple-spacing, increased leading (space between lines), increased kerning (space between letters), and any other such attempts at “padding” to increase the length of a paper are unacceptable, wasteful of trees, and will not fool your professor.

The paper must be neatly formatted, double-spaced with a one-inch margin on the top, bottom, and sides of each page. When submitting hard copy, be sure to use white paper and print out using dark ink. If it is hard to read your essay, it will also be hard to follow your argument.