What precedent or laws did the courts rely on in each case to reach their respective conclusions?

  

Police
must obey the law in their effort to control crime. Legal restrictions may hurt
the efficiency of police but by obeying the law, police gain social legitimacy.
When a police officer violates the law, they jeopardize the rights of the
accused and the rights of the innocent. The Fourth Amendment of the
Constitution states:
The right of the people to be
secure in their persons, houses, papers, and effects, against unreasonable
search 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 seized.
Read Weeks v. United States, Silverthorne Lumber Company, Inc., Et
Al. v. United States, and Mapp v. Ohio. For each court
case, address the following:
Explain the main issue or question involved in the
case. Explain the precedent or laws the court used in order
to come to its ultimate conclusion. Explain how the court applied the law to the facts of
the case. Identify the conclusion and restate the issue to
provide the final answer.
How have these three cases formed the standards of constitutional searches and
seizures in the United States?
The paper must be three to four pages in length and formatted according to APA
style. You must use at least two scholarly resources from the Ashford
University Library, other than the textbook, to support your claims. Cite your
sources within the text of your paper and on the reference page.

Introduction:

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One of the main roles of the police force is to control crime. However, their methods of crime reduction can be impeded by legal limitations. Despite this, obeying the law is essential for the police to achieve social legitimacy. When a police officer breaks a law, it not only puts the accused in danger but also innocent people. Therefore, it is imperative for the police to follow the Fourth Amendment of the US Constitution. In this paper, we will take a look at three landmark cases related to the Fourth Amendment and learn about their significance in the formation of constitutional searches and seizures in the United States.

Description:

The paper aims to analyze three court cases- Weeks v. United States, Silverthorne Lumber Company, Inc., Et Al. v. United States, and Mapp v. Ohio- and understand their impact on constitutional searches and seizures in the United States. The discussion will be centered around addressing the main issue, precedent or laws associated with each case, how the courts applied the law to the facts, and the final conclusion. By studying these cases, we will evaluate how they have reshaped the standards and regulations related to the Fourth Amendment. The paper will be three to four pages long and in APA format. Additionally, the research will be supported by a minimum of two scholarly resources, excluding the textbook to reinforce the claims made in the paper. The paper will provide an informed understanding of the constitutional searches and seizures set by the landmark cases in the United States.

Objectives:

1. To understand the importance of police obedience towards the law while controlling crime.
2. To comprehend the social legitimacy that police receive by obeying the law.
3. To analyze the Fourth Amendment of the Constitution and its impact on police practices.
4. To develop an understanding of the court cases, namely Weeks v. United States, Silverthorne Lumber Company, Inc., Et Al. v. United States, and Mapp v. Ohio.
5. To explain the main issues, precedents, and laws related to the court cases.
6. To examine the application of laws on the facts of each case.
7. To identify the conclusion and provide the final answer to the issues raised during the court proceedings.
8. To recognize the role of court cases in establishing standards for constitutional searches and seizures in the United States.
9. To produce a scholarly paper on the topic, following APA style guidelines.

Learning Outcomes:

By the end of the paper, the readers will be able to:

1. Evaluate the significance of police obedience towards the law while controlling crime.
2. Analyze the impact of social legitimacy on police practices.
3. Interpret the language and implications of the Fourth Amendment of the Constitution related to police practices.
4. Evaluate the court cases- Weeks v. United States, Silverthorne Lumber Company, Inc., Et Al. v. United States, and Mapp v. Ohio- by explaining their main issues, precedents, laws, and the conclusion.
5. Demonstrate an understanding of how the court applied the law to the facts of each case.
6. Synthesize the information from the court cases to explain how they formed the standards for constitutional searches and seizures in the United States.
7. Apply APA style guidelines to produce a scholarly paper with proper citations and references.

Solution 1:

Title: Weeks v. United States and its impact on the Fourth Amendment

In Weeks v. United States, the main issue was whether the evidence obtained through an unreasonable search and seizure could be used in federal court. The precedent used by the court was the Fourth Amendment of the Constitution, which laid out the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures. The court argued that the evidence obtained through a warrantless search was inadmissible because it violated the Fourth Amendment.

The court applied the Fourth Amendment to the fact of the case by recognizing that the police had conducted a search without a warrant or probable cause. By doing so, the court made it clear that the Fourth Amendment imposed restrictions on the actions of the police. The conclusion of the case was that evidence obtained unlawfully could not be used in a federal court, and the issue was resolved in favor of the defendant.

Weeks v. United States had a significant impact on the standard of constitutional searches and seizures in the United States. It established the exclusionary rule, which prevents the use of unlawfully obtained evidence in a federal court. It also recognized that the Fourth Amendment imposes restrictions on the actions of the police, and that evidence obtained through an illegal search and seizure is inadmissible in court.

Solution 2:

Title: Mapp v. Ohio and the application of the exclusionary rule

In Mapp v. Ohio, the main issue was whether the exclusionary rule applies to state courts. The precedent used by the court was the Fourth Amendment and Weeks v. United States, which established the exclusionary rule. The court argued that the exclusionary rule was necessary to deter police misconduct and protect the individual’s privacy rights.

The court applied the exclusionary rule to the facts of the case by recognizing that the police had conducted an illegal search of the defendant’s home without a warrant. Therefore, the evidence obtained unlawfully was inadmissible in court. The conclusion of the case was that the exclusionary rule applied to state courts, and evidence obtained unlawfully was inadmissible in court.

Mapp v. Ohio had a significant impact on the standard of constitutional searches and seizures in the United States. It extended the scope of the exclusionary rule to state courts, which provided additional protection to the individual’s privacy rights. It also made it clear that the Fourth Amendment applies to state action, and states must adhere to its provisions.

Suggested Resources/Books:
1. “Search and Seizure: A Treatise on the Fourth Amendment” written by Wayne R. LaFave
2. “The Fourth Amendment: Origins and Original Meaning” written by William J. Cuddihy
3. “Understanding Fourth Amendment Jurisprudence” written by Tracey Maclin

Similar asked questions:
1. What are the limitations on police power while conducting searches and seizures?
2. How has the Fourth Amendment been interpreted and applied by U.S courts?
3. What is the exclusionary rule and how does it relate to the Fourth Amendment?
4. What is the Fruit of the Poisonous Tree doctrine and how does it relate to Fourth Amendment violations?
5. How does the Fourth Amendment protect individuals’ privacy rights?Police
must obey the law in their effort to control crime. Legal restrictions may hurt
the efficiency of police but by obeying the law, police gain social legitimacy.
When a police officer violates the law, they jeopardize the rights of the
accused and the rights of the innocent. The Fourth Amendment of the
Constitution states:
The right of the people to be
secure in their persons, houses, papers, and effects, against unreasonable
search 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 seized.
Read Weeks v. United States, Silverthorne Lumber Company, Inc., Et
Al. v. United States, and Mapp v. Ohio. For each court
case, address the following:
Explain the main issue or question involved in the
case. Explain the precedent or laws the court used in order
to come to its ultimate conclusion. Explain how the court applied the law to the facts of
the case. Identify the conclusion and restate the issue to
provide the final answer.
How have these three cases formed the standards of constitutional searches and
seizures in the United States?
The paper must be three to four pages in length and formatted according to APA
style. You must use at least two scholarly resources from the Ashford
University Library, other than the textbook, to support your claims. Cite your
sources within the text of your paper and on the reference page.

Introduction:

One of the main roles of the police force is to control crime. However, their methods of crime reduction can be impeded by legal limitations. Despite this, obeying the law is essential for the police to achieve social legitimacy. When a police officer breaks a law, it not only puts the accused in danger but also innocent people. Therefore, it is imperative for the police to follow the Fourth Amendment of the US Constitution. In this paper, we will take a look at three landmark cases related to the Fourth Amendment and learn about their significance in the formation of constitutional searches and seizures in the United States.

Description:

The paper aims to analyze three court cases- Weeks v. United States, Silverthorne Lumber Company, Inc., Et Al. v. United States, and Mapp v. Ohio- and understand their impact on constitutional searches and seizures in the United States. The discussion will be centered around addressing the main issue, precedent or laws associated with each case, how the courts applied the law to the facts, and the final conclusion. By studying these cases, we will evaluate how they have reshaped the standards and regulations related to the Fourth Amendment. The paper will be three to four pages long and in APA format. Additionally, the research will be supported by a minimum of two scholarly resources, excluding the textbook to reinforce the claims made in the paper. The paper will provide an informed understanding of the constitutional searches and seizures set by the landmark cases in the United States.

Objectives:

1. To understand the importance of police obedience towards the law while controlling crime.
2. To comprehend the social legitimacy that police receive by obeying the law.
3. To analyze the Fourth Amendment of the Constitution and its impact on police practices.
4. To develop an understanding of the court cases, namely Weeks v. United States, Silverthorne Lumber Company, Inc., Et Al. v. United States, and Mapp v. Ohio.
5. To explain the main issues, precedents, and laws related to the court cases.
6. To examine the application of laws on the facts of each case.
7. To identify the conclusion and provide the final answer to the issues raised during the court proceedings.
8. To recognize the role of court cases in establishing standards for constitutional searches and seizures in the United States.
9. To produce a scholarly paper on the topic, following APA style guidelines.

Learning Outcomes:

By the end of the paper, the readers will be able to:

1. Evaluate the significance of police obedience towards the law while controlling crime.
2. Analyze the impact of social legitimacy on police practices.
3. Interpret the language and implications of the Fourth Amendment of the Constitution related to police practices.
4. Evaluate the court cases- Weeks v. United States, Silverthorne Lumber Company, Inc., Et Al. v. United States, and Mapp v. Ohio- by explaining their main issues, precedents, laws, and the conclusion.
5. Demonstrate an understanding of how the court applied the law to the facts of each case.
6. Synthesize the information from the court cases to explain how they formed the standards for constitutional searches and seizures in the United States.
7. Apply APA style guidelines to produce a scholarly paper with proper citations and references.

Solution 1:

Title: Weeks v. United States and its impact on the Fourth Amendment

In Weeks v. United States, the main issue was whether the evidence obtained through an unreasonable search and seizure could be used in federal court. The precedent used by the court was the Fourth Amendment of the Constitution, which laid out the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures. The court argued that the evidence obtained through a warrantless search was inadmissible because it violated the Fourth Amendment.

The court applied the Fourth Amendment to the fact of the case by recognizing that the police had conducted a search without a warrant or probable cause. By doing so, the court made it clear that the Fourth Amendment imposed restrictions on the actions of the police. The conclusion of the case was that evidence obtained unlawfully could not be used in a federal court, and the issue was resolved in favor of the defendant.

Weeks v. United States had a significant impact on the standard of constitutional searches and seizures in the United States. It established the exclusionary rule, which prevents the use of unlawfully obtained evidence in a federal court. It also recognized that the Fourth Amendment imposes restrictions on the actions of the police, and that evidence obtained through an illegal search and seizure is inadmissible in court.

Solution 2:

Title: Mapp v. Ohio and the application of the exclusionary rule

In Mapp v. Ohio, the main issue was whether the exclusionary rule applies to state courts. The precedent used by the court was the Fourth Amendment and Weeks v. United States, which established the exclusionary rule. The court argued that the exclusionary rule was necessary to deter police misconduct and protect the individual’s privacy rights.

The court applied the exclusionary rule to the facts of the case by recognizing that the police had conducted an illegal search of the defendant’s home without a warrant. Therefore, the evidence obtained unlawfully was inadmissible in court. The conclusion of the case was that the exclusionary rule applied to state courts, and evidence obtained unlawfully was inadmissible in court.

Mapp v. Ohio had a significant impact on the standard of constitutional searches and seizures in the United States. It extended the scope of the exclusionary rule to state courts, which provided additional protection to the individual’s privacy rights. It also made it clear that the Fourth Amendment applies to state action, and states must adhere to its provisions.

Suggested Resources/Books:
1. “Search and Seizure: A Treatise on the Fourth Amendment” written by Wayne R. LaFave
2. “The Fourth Amendment: Origins and Original Meaning” written by William J. Cuddihy
3. “Understanding Fourth Amendment Jurisprudence” written by Tracey Maclin

Similar asked questions:
1. What are the limitations on police power while conducting searches and seizures?
2. How has the Fourth Amendment been interpreted and applied by U.S courts?
3. What is the exclusionary rule and how does it relate to the Fourth Amendment?
4. What is the Fruit of the Poisonous Tree doctrine and how does it relate to Fourth Amendment violations?
5. How does the Fourth Amendment protect individuals’ privacy rights?

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