Mr. Powers Of The Constitution Essay - 978 Words

Mr. Powers was arrested and charged based on two pieces of evidence that were discovered by police during a warrantless search of his tent and toolbox. The issue at hand is whether this search and the subsequent seizure of the items in question violated the constitutional rights afforded to Mr. Powers by the Fourth Amendment, thus providing adequate legal grounds for a court to suppress the items pursuant to the exclusionary rule of evidence. Mapp v. Ohio, 367 U.S. 643 (1961). A court would likely find that Mr. Powers had a reasonable expectation of privacy in both his tent and his toolbox, and thus that the wire cutters and spool of copper wire are inadmissible due to the fact that they were discovered in violation of the Constitution. The Fourth Amendment states that 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.† U.S. Const. amend. IV. The purpose of this guarantee is to prevent the government from unjustly laying claim to any information, items, or persons captured from such an intrusion. There are two key elements to a Fourth Amendment analysis. First, a party claiming protection under the Fourth Amendment must demonstrate that there was in fact an â€Å"unreasonable† search and/or seizure.Show MoreRelatedConstitutional Research Paper1011 Words   |  5 PagesKingshuk Daschowdhury Mrs. Graham History 8 2B 18 December 2017 Quarter Two Constitutional Convention Project State Background The Delaware Colony was founded by Peter Minuit. However, it became the first U.S state that was established in December 7, 1787. Delaware was the first colony to be approved as a state by the Federal Constitution. Based on the census conducted in 1790, Delawares population consisted of 50,209 free people and 8,887 slaves. In proportion to other states, DelawareRead MoreEssay about Confederation and Constitution1652 Words   |  7 PagesConfederation and Constitution After the American Revolution, a new government had to be established. The Constitution that was written took power away from the people. It led to rebellions from poor people and farmers. 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