The Fourth Amendment of the US Constitution; Question 1

The Fourth Amendment of the US Constitution

Question 1

It is noted in the fourth amendment Law of United States that the police have could or could not have an entry to a person houses. Therefore, the below explanation will explain more about the above Law:


    It is noted that in a certain situation, the police might have access to entry to someone home to search. This is only possible when they have a reasonable suspicion of any nature of criminal activity even if the nature of the crime falls short of cause of the arrest. Based on the Terry v. Ohio case, the police have access to conduct a warrantless search to a person’s premise such as a house or home under certain circumstances as it may appear. In terry, for example, the Supreme Court noted that when a police offers witnesses unusual conduct that makes the officer think reasonably that the criminal conduct maybe be stirring. If, for example, the suspected person as a weapon and if he/she is dangerous to the police.  The officer is allowed access to the person premises to ascertain if the suspect has a woman or not.         

     This type of search is known as Terry stop. To conduct such a search, the officer is mandated to consider articulated facts, taken with rational inference from the suspect to reasonable warrant as search to the premise of the suspect. As settled in Florida v. Royer (1983), such a hunt must be impermanent, and addressing must be restricted to the reason for the stop. For example, the police officer who stops an individual because they have sensible suspicion (Lasson, 1970). To affirm that the individual was driving in the wake of affirming that it is not stolen constrain the individual to answer addresses about whatever else might be available, for example, the ownership of contraband.

Question 2

Under the Fourth Amendment, law requirement must get composed authorization from a court of law, or qualified justice, to legally inquiry and seize evidence while exploring criminal action. A court stipends consent by issuing a writ known as an issue. A hunt or seizure is for the most part irrational and unlawful if directed without a substantial warrant and the police must acquire a warrant at whatever point practicable. Inquiries and seizures without a warrant are not viewed as outlandish if one of the particularly settled and outlined special cases to the warrant necessity applies. These exemptions apply “just in those outstanding circumstances in which extraordinary needs, past the typical requirement for law implementation, make the warrant and reasonable justification prerequisite impracticable. In these circumstances where the warrant necessity doesn’t have any significant bearing a pursuit or seizure regardless must be legitimized by some individualized suspicion of wrongdoing. In any case, the U.S. Incomparable Court cut out an exemption to the prerequisite of individualized suspicion. It decided that, “In restricted circumstances, where the security diversions involved by the pursuit are insignificant. Where an imperative legislative investment promoted by the interruption would be put in peril by a necessity of individualized suspicion” a hunt or seizure would at present be sensible.

Question 3

There are four principle circumstances in which a warrant is not needed for police to pursuit your home:

            Consent. In the event that an individual who is in control of the property agrees to the pursuit without being pressured or deceived into doing along these lines, a hunt without a warrant is legitimate. Note that police don’t need to let you know that you have the right to deny an inquiry. However, you do. Likewise, note that if that in the case that the officer’s Allie is injured he, or she can agree to a hunt of the regular zones of your abode. However, not to your private territories (room, case in point). Then again, the Supreme Court as of late decided that one mate can’t agree to the pursuit of a house for the other.

            Plain View: In the event that a Police as of now has the right to be on your property and sees contraband or confirmation of wrongdoing that is unmistakably noticeable.  The protest may be legitimately seized and utilized as evidence. For instance, if the police are in your home on an abusive behavior at home call and see cannabis plants on the windowsill, the plants can be seized as confirmation.

            Search Incident to Arrest: If you are arrested from your home or premises. The police may hunt down weapons or different associates to secure their wellbeing (known as an issue “range”) or they might overall pursuit to keep the decimation of confirmation.

            Exigent Circumstances: This special case alludes to crisis circumstances where the procedure of getting a legitimate court order could trade off open wellbeing or could prompt a loss of confirmation. This includes cases of “direct pursuit” in which a suspect is going to escape. A late California Supreme Court choice decided that police may enter a suspect’s home without a warrant on the premise of the hypothesis that critical confirmation. Such as the suspect’s blood alcohol level may be lost otherwise.

Question 4

            As a rule, the police are approved to lead a warrantless inquiry when the time it would take to get a warrant would imperil open wellbeing or lead to the loss of imperative confirmation. Here are a few circumstances in which most judges would maintain a warrantless pursuit: Following a health or medication case, the officer is allowed to go into the home of the victim without any warranty. A Police on a standard watch hears yells and shouts originating from a home, hurries in, and arrests a suspect for spousal ill-use. In addition, police “close behind” of an escaping criminal proceeds with the pursuit into the suspect’s abode so as to make the arrest. 

In these sorts of crisis circumstances, an officer’s obligation to ensure individuals and save evidence exceeds the warrant prerequisite. 

Question 5

            A police officer doesn’t need a warrant to seize booty or evidence that is “in plain view” if the officer is in the region where the confirmation or contraband is initially spotted. The officer must have reasonable justification to accept the thing is evidence or contraband keeping in mind the end goal to seize it, however. So, if an officer who has legally pulled you over spots what seems to be cocaine on the traveler seat, he can most likely analyze it, seize it and arrest a suspect. Therefore, it can be noted that the Fourth Amendment has both positive and negative effects not only to the police but also the public.


Lasson, N. B. (1970). The history and development of the fourth amendment to the United States             Constitution (pp. 51-105). Da Capo Press.

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A Good Constitution

A Good Constitution


Requirements of a Good Constitution. 2

Features of the independent constitution of Kenya. 3

Bibliography. 5


A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single or set of legal documents, those documents may be said to comprise a written constitution.

The term constitution comes through French from the Latin word constitutio, used for regulations and orders, such as the imperial enactments (constitutiones principis: edicta, mandata, decreta, rescripta).[2] Later, the term was widely used in canon law for an important determination, especially a decree issued by the Pope, now referred to as an apostolic constitution.

Most commonly, the term constitution refers to a set of rules and principles that define the nature and extent of government. Most constitutions seek to regulate the relationship between institutions of the state, in a basic sense the relationship between the executive, legislature and the judiciary, but also the relationship of institutions within those branches. For example, executive branches can be divided into a head of government, government departments/ministries, executive agencies and a civil service/bureaucracy. Most constitutions also attempt to define the relationship between individuals and the state, and to establish the broad rights of individual citizens. It is thus the most basic law of a territory from which all the other laws and rules are hierarchically derived; in some territories it is in fact called “Basic Law”.

A fundamental classification is codification or lack of codification. A codified constitution is one that is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten.

Constitutions may also provide that their most basic principles can never be abolished, even by amendment. In case a formally valid amendment of a constitution infringes these principles protected against any amendment, it may constitute a so-called unconstitutional constitutional law.

Codified constitutions normally consist of a ceremonial preamble, which sets forth the goals of the state and the motivation for the constitution, and several articles containing the substantive provisions. The preamble, which is omitted in some constitutions, may contain a reference to God and/or to fundamental values of the state such as liberty, democracy or human rights.

Requirements of a Good Constitution

A good constitution is one made by the people, for the people. It is people-centred. Like the new constitution of Kenya, its very first article should proclaim sovereignty of the country and its people. This is unlike the old constitution which proclaimed the sovereignty of the president. The most essential prerequisite for success of the constitution is that the people act as its custodian. It must provide people with opportunities of participation at different levels of the state, to advance the fight against corruption and against pervasive poverty. It must transcend the politics of ethnicity, manufactured by politicians and immorality of plundering the country’s resources. A good constitution must uphold the values of a democratic and caring society, based on inclusion and social justice, fundamental human rights, respect for cultural differences but united in our search for harmony and unity, and the common commitment to the worth and dignity of us all.[3]

Features of the independent constitution of Kenya

Kenyan voters adopted the new constitution in a national referendum on 4 August 2010. President Mwai Kibaki’s signature formally ended a long struggle to reduce the power of the President. Kenya’s new Constitution is part of a reform package, which took place after a power-sharing deal was signed in February 2008. The deal put an end to the violence which took place after Kenya’s controversial December 2007 Presidential elections.

Under the new constitution of Kenya there will be a decentralized political system which would limit the powers of the President and there will be local counties in place of corrupt provincial governments. The constitution of Kenya changed the structure of the government by creating 47 counties. The senate will have 47 members, each member elected from the counties. The President is to continue his rule over the nation, but he will be restricted by checks and balances and the Senate will examine key appointments made by him. The Presidents and Senate will have fixed term with elections taking place after every five years.

The previous constitution allowed the concentration of powers in the hands of the President, left courts with little control over the executive, and allowed politicians to exploit the tribal differences. The demand for new constitution in Kenya was for a long time and every new political crisis in the nation only bolstered the demand. The ethnic violence in Kenya following the disputed Presidential elections of 2007 saw the killing of more than 1000 persons.[4] In the wake of the violence it was agreed that there is a need for a new constitution to avoid any more trouble in future.

The new constitution of Kenya covers several main features. The first important feature in the new constitution is that the powers of the President are reduced according to the wishes of the Kenyan citizens. Another feature is the transfer of power to regions which ensures equitable sharing of resources between the National government and the County government through a resolution of Parliament. The new constitution also contains an advanced bill of rights that among other things recognizes socio-economic rights of the Kenyan citizens. It has also created a Judicial Service Commission in which independence of the judiciary is affirmed in article 160.[5] Another important feature in the new constitution is the creation of an Independent National Land Commission to maintain oversight and manage all public land belonging to National and County governments and recommend policy on addressing complaints from the public, planning, and dispute resolution. 

The new constitution features clauses that emphasize on representation in elective bodies to effectively meet gender equity with a constitutional requirement of at least a third of elective posts to be filled by women. The constitution also includes an advanced human rights and equality commission with powers to summon and investigate individuals involved in human rights violations be they within the government or the public. Another feature is the establishment of the freedom of media to protect media houses from penalties on expression by the state on any opinion and dissemination of news. Lastly another major inclusion in the new constitution is the recognition of Muslim Kadhi courts as legal establishments. 


Clottey, Peter (). “Human Rights Official Says Kenyans Want an Accountable Government”. 15  December 2009. VOA. Retrieved 1 April, 2011 <            -Want-an-Accountable-Government–79367812.html> 

George Mousourakis. The historical and institutional context of Roman law. New York: Pearson, 2003. 

Ghai, Yash and Jill Cottrell Ghai. Kenyan constitution: History in the making. The challenges of            implementation. Pambazuka, Issue 493, 5 August, 2010. Judicial system of Kenya, supreme court, appeal,high court,kadhi’s, chief            justice  and Establishment of the Judicial Service Commission. 06 November, 2010.          Retrieved 30 March, 2011<>

The New Oxford American Dictionary. (2nd ed.). Edited by Erin McKean. Oxford: Oxford University Press, 2005.





[1] New Oxford American Dictionary, 2005.

[2] George Mousourakis. The historical and institutional context of Roman law, 2003, p. 243


[3] Ghai, Yash and Jill Cottrell Ghai. Kenyan constitution: History in the making. The challenges of implementation.  Pambazuka, Issue 493, 5 August, 2010. <>


[4]Clottey, Peter (15 December 2009). “Human Rights Official Says Kenyans Want an Accountable Government”.        VOA. <    Accountable-Government–79367812.html>

[5] Judicial system of Kenya, supreme court, appeal,high court,kadhi’s, chief                justice and                Establishment of the Judicial Service Commission.

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The history, structure, and purpose of the U.S. Constitution.

The history, structure, and purpose of the U.S. Constitution..

In this assignment, you are to write a two-page paper explaining the history, structure, and purpose of the U.S. Constitution. 

Your paper should address the history and structure of the U.S. Constitution using the list below: 

1) Identify events that led to the creation of the document. 

2) Explain the need that was felt by the founders used to justify why it was written as it was. 

3) Identify the general topics covered in the various sections of the U.S. Constitution. 

4) The documents could be described by the processes it created. One of the most celebrated concepts is the rule of law. Explain how the Constitution contributes to that non-violent and orderly transition of power within the democracy. 

5) Address which sections focus on the amendment process and the transition of the government. 

6) Parts of the documents place very explicit limitations on the power of the government—choose two and explain them with some detail. 

7) Identify the branches of the federal government. 

8) Explain the role and power of the U.S. Supreme Court.

All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying APA citations. 


Epstein, L., & Walker, T. G. (2016). Constitutional law for a changing America: Rights, liberties, and justice (9th ed.) [VitalSource Bookshelf version]. Retrieved from

The history, structure, and purpose of the U.S. Constitution.

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Use two tools of analysis for a better understanding of the Constitution

Use two tools of analysis for a better understanding of the Constitution.

Analyze and critique the theory and practice of the politics and governments of the United States and California. Use two tools of analysis for a better understanding of the Constitution. Choose a Clause or Amendment and analyze it in a full essay

Background, history,  /important events regarding the clause or amendment. Discuss whether you agree or disagree with the amendment with an example or two. Then describe how the amendment is relevant (or irrelevant) today. Include an opening sentence that grabs attention. 

Use two tools of analysis for a better understanding of the Constitution

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Mere references to the US Constitution or the Bill of Rights are considered inadequate legal descriptions of the laws involved.

Mere references to the US Constitution or the Bill of Rights are considered inadequate legal descriptions of the laws involved..

Remember that I expect a minimum of 250 words for each scenario covering all points raised in the attachment. I expect all subjects to be analyzed in your papers with discussions about applicable ethical/moral considerations and duties; and also any applicable legal requirements controlling the behaviors and decisions in the facts you are assigned. Mention the federal and state laws and requirements we covered in your reading assignments using their correct names or abbreviations (Examples, Civil Rights Act of 1964; OSHA, FDA, The Fair Wage Standards Act, the Americans with Disabilities Act or ADA, etc.). Mere references to the US Constitution or the Bill of Rights are considered inadequate legal descriptions of the laws involved. The paper should follow the APA style guide

Mere references to the US Constitution or the Bill of Rights are considered inadequate legal descriptions of the laws involved.

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