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“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

History: This amendment was made to protect individual rights and limit government power. The Founders saw the ability to speak and worship freely as natural rights.

Importance: The First Amendment is important in our daily lives because it protects our rights to say opinions, religion, and protest peacefully. For example, it allows journalists to report on things without fear of censorship.

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In honor of Universal Access to Information Day, the Royal Purple asked three political student organizations on the UW-W campus "What does the First Amendment mean to you?" It's an amendment, which gives them their right to freedom of speech.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
The First Amendment prohibits the government from making any laws that restrict the press and individual citizens from speaking freely about important issues in our society.

The College of Democrats was the first organization we asked to answer the question.

" The first amendment is all about the freedoms of the people. I am someone who believes we should all have freedom of speech, religion, assembly, petition, and expression but I think these things often get twisted in our society and we accept hurtful things happening in the name of personal freedoms," chair of the College of Democrats Brianna Deacon said. "For example, I believe in free speech but not to the point of hate speech; I believe in the freedom to practice whatever religion one pleases but not to the point of forcing one's religion on others, etc."

The College of Republicans was the second student organization we asked to answer the question of what the First Amendment meant to them.

"As a conservative college student, the first amendment is especially important to me because it ensures that I have a platform to share my beliefs with my peers and allows me to hold weekly gatherings of students on campus to continue the exchange of ideas and discourse outside the classroom," College of Republicans chair John Beauchamp said.

Beauchamp continued to mention that any student on campus is welcomed to join meetings Tuesdays at 6 p.m. in Timothy J. Hyland Hall in room 2312 to have civil discussions on current topics and events.

The Whitewater Student Government (WSG) was the last organization we asked to answer the question.

"To me personally, the First Amendment means that I am able to use my right of freedom of speech to stand up for what I believe in and be an advocate for others, while also empowering myself and those around me," Whitewater Student Government Vice President Allyson Weisbrod said.

Similar to the freedom of the press and the First Amendment is the access to that information. Individuals have the right to not only speak, but also to seek, receive and communicate information. The media uses this access of information to inform the public on issues of interest and relies on the ability to seek and receive information. The International Day for Universal Access to Information (IDUAI) which is on Tuesday, Sept. 28th celebrates this First Amendment right.

If you want to learn more about IDUAI, visit https://en.unesco.org/commemorations/accesstoinformationday or https://www.un.org/en/observances/information-access-day .

To learn more about College Democrats and College Republicans visit https://www.uww.edu/rock/campus-life/student-orgs .

To learn more about Whitewater Student Government visit https://www.uww.edu/wsg .

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What does the first amendment mean to you?

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In honor of Universal Access to Information Day, the Royal Purple asked three political student organizations on the UW-W campus "What does the First Amendment mean to you?" It's an amendment, which gives them their right to freedom of speech. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise...

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“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

History: This amendment was made to protect the right of citizens to own firearms.

Importance: The Second Amendment is important in the talks about gun control laws. It affects the discussions on safety, personal protection, and individual rights.

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Please allow 10 days for your order to arrive. We source products from all over the world to bring you epic offers and the lowest prices. Most of the time we have in stock and ship within 24 hours. But occasionally you may have to wait a little longer to get your order- but it's always worth it. If there are ANY delays in shipping out your order, we will immediately contact you to let you know.

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The 2nd Amendment Flag - Vintage 2A Flag Parchment Paper 3 X 5 ft. Standard

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Please allow 10 days for your order to arrive. We source products from all over the world to bring you epic offers and the lowest prices. Most of the time we have in stock and ship within 24 hours. But occasionally you may have to wait a little longer to get your order- but it's always worth it.

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"No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."

History: This amendment was a response to the British forcing colonists to keep soldiers in their homes.

Important: Even though its barley used today it is still important to keep our privacy safe by not allowing the government to force people to keep soldiers in their homes. it is a reminder that our homes off-limits without permission.

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Searching Pics4Learning

To search Pics4Learning, type in a few words that may describe the images you are looking for. The more precise you are, the better your results will be. For example, searching for "yellow" will result in everything that is referenced as "yellow". Searching for "Yellowstone" is more precise, and will result in images with "Yellowstone" in the reference for the image.

Capitalization

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Automatic "or" Searches

By default, Pics4Learning returns images that contain any of the search terms entered. For example, if you did a search for "finn dog", the results would be for any image that contained either "finn" OR "dog" in the reference.

" + " Searches

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" - " Searches

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Phrase Searches

Search Pics4Learning for exact phrases or proper names by putting quotation marks around your search words. For example, search for "Grand Canyon" (with the quotes around phrase or name) will result in all images with "Grand Canyon" as part of their reference information.

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You can refine your searches even further by combining "+", "-" and your search words. For example, searching for "tree + desert - bird" will find all the images that have "tree" AND "desert" but NOT "bird" in the reference for the image.

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(611x600px) To save this image: Press and hold the image and choose Save Image. Save this image to Google Drive: This image may be used by teachers and students in school and classroom activities for the express purpose of improving student educational opportunities. The photographer retains the copyright to this image.

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"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."

history: British officials used to search colonists homes and take property without specific reasons, which angered the colonists. So after the revolution they made the 4th amendment to protect people from unfair searches.

importance: The Fourth Amendment is important because it protects our right to privacy and limits government power. It makes sure that police can’t search or take our property without a valid reason and a warrant.

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Understanding the 4th Amendment Illegal Search and Seizure in Colorado and across the country requires a concerted effort to study the actual works of the amendment and the cases interpreting it. This is only one of many articles I am writing and have wirtten to assist people with those tasks.
what is the fourth amendment why is it Important to Understand it?
Text of the Fourth Amendment The Fourth Amendment reads:

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.

A Breakdown of the Amendment Line by Line Persons and Actions Covered by the Fourth Amendment "People"

The Fourth Amendment is not specifically limited to citizens. For Fourth Amendment purposes, the word "people" encompasses non-citizens who have "developed sufficient connection" with the United States to be considered part of the "national community."
Standing to Raise Fourth Amendment Claims
Fourth Amendment rights may only be asserted by one who is subjected to an unreasonable search or seizure. The rights may not be asserted by a second party. Thus, a defendant cannot challenge a search against a co-defendant.
Governmental Action
The Fourth Amendment only applies to actions by the government. Actions undertaken by private persons acting in the capacity of an agent of the government are also covered by the Amendment. Whether a private person is deemed an agent of the government is determined by the degree of government involvement in the situation and the totality of the circumstances.

The Fourth Amendment is not limited to police activity and covers conduct by other public employees, such as firefighters, public school teachers, and housing inspectors. Searches by non-police government actors are generally of an administrative, not investigatory nature, and are controlled by different standards.

Persons, Houses, Papers, and Effects 'Persons'

For Fourth Amendment purposes, "person" includes:

1. the defendant's body as a whole (as when he is arrested);

2. the exterior of the defendant's body, including his clothing (as when he is patted down for weapons);

3. the interior of the defendant's body (as when his blood or urine is tested for drugs or alcohol);

4. the defendant's oral communications (as when his conversations are subjected to electronic surveillance).

"Houses"

1. structures used as residences, including those used on a temporary basis, such as a hotel room;

2. buildings attached to the residence, such as a garage;

3. buildings not physically attached to a residence that nevertheless are used for intimate activities of the home, e.g., a shed;

4. the curtilage of the home, which is the land immediately surrounding and associated with the home, such as a backyard. However, unoccupied and undeveloped property beyond the curtilage of a home ("open fields") falls outside of the Fourth Amendment.

"House" has been broadly construed to include:

1. the proximity of the land to the home;

2. whether the area is included within enclosures surrounding the house;

3. the nature of the use to which the area is put; and

4. the steps taken by the resident to protect the land in question from observation.

Factors relevant to determining whether land falls within the cartilage are:
"Papers and Effects"
Commercial buildings receive limited Fourth Amendment protection on the theory that one has a greater expectation in his home than in commercial structures.

"Papers" encompass personal items, such as letters and diaries, as well as impersonal business records.
"Search"
"Effects"encompass all other items not constituting "houses" or "papers," such as clothing, furnishings, automobiles, luggage, etc. The term is less inclusive than "property"; thus, an open field is not an effect.

The controlling legal test at the time for determining whether police conduct violated the Fourth Amendment was known as the "trespass" doctrine. Under the trespass doctrine, the Fourth Amendment did not apply in the absence of a physical intrusion a trespass into a "constitutionally protected area," such as a house.

Noting the advent of modern technology that allowed the government to electronically intercept conversations without physical intrusion into any enclosure, the Supreme Court has abandoned the trespass doctrine and has announced that the appropriate inquiry for Fourth Amendment challenges was whether the defendant had a "reasonable expectation of privacy."
Open Fields Issues
Thus, the government's electronic surveillance of a suspects conversations without a warrant violates the Fourth Amendment.

Entry into and exploration of so-called "open fields" does not constitute a search within the meaning of the Fourth Amendment.

The "open fields doctrine" is based on the theory that people do not have a legitimate expectation of privacy in activities occurring in open fields, even if the activity could not be observed from the ground except by trespassing in violation of civil or criminal law.

Forms of Electronic Surveillance Pen Registers
Electronic Tracking Devices
Installation and use of a pen register by the telephone company, at the behest of the government, to record the telephone numbers dialed from a private residence is not a search within the meaning of the Fourth Amendment.

Surveillance of activities occurring in public falls outside the protections of the Fourth Amendment. Thus, the use of an electronic tracking device attached to a suspect's vehicle or object carried by the suspect does not constitute a search to the extent that it provides the police with information that could have otherwise been secured by visual surveillance from public places.
Thermal Imagers
However, where such device allows the police to monitor activity inside a private place such as a home, a Fourth Amendment search occurs.

The use of a thermal-imaging device aimed at a home from a public area to detect relative amounts of heat within constitutes a search.
Aerial Surveillance
Use of such technology constitutes a search if it enables the government to gather evidence from a constitutionally protected area to which it would not otherwise have access without a warrant.

1. occurs from public navigable airspace;

2. is conducted in a physically non-intrusive manner; and

3. does not reveal intimate activities traditionally connected with the use of a home or curtilage.

Aerial surveillance by the government of activities occurring within the curtilage of a house does not constitute a search if the surveillance:
Dog Sniffs and Other Tests for Contraband
Construction of a fence which blocks observations from ground-level and demonstrates the defendant's desire to maintain privacy does not necessarily equate to a reasonable expectation of privacy if there any modes of surveillance possible under the circumstances, e.g., airplanes and helicopters flying above, observations from taller adjacent buildings, a utility repair person on a pole overlooking the yard.
Inspection of Garbage
Activity that is aimed at detecting the mere presence of contraband, or identifying a suspicious substance as such, does not constitute a search. A dog sniff of luggage, which was located in a public place, does not constitute a search a chemical test that merely discloses whether a particular substance is cocaine "does not compromise any legitimate interest in privacy," and is, therefore, not a search. However, a test to determine personal use of contraband, such as a urine test to detect drug use, does qualify as a search.

There is no reasonable expectation of privacy in garbage left for collection outside the curtilage of one's home.

Understanding the 4th Amendment Illegal Search and Seizure What Then is a "Seizure?" Seizure of Property
Seizure of Persons
In contrast to a search, which affects a person's privacy interest, a seizure of property invades a person's possessory interest in that property. Tangible property is seized in Fourth Amendment terms "when there is some meaningful interference with an individual's possessory interests in that property."

A Fourth Amendment seizure of a person occurs when a police officer, by means of physical force or show of authority, in some way restrains the liberty of a citizen , Terry v. Ohio, 392 U.S. 1 (1968), or put another way, when "in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.

1. arrests.

2. physically restraining or ordering a person to stop in order to frisk or question him on the street.

3. taking the person into custody and bringing him to a police station for questioning or fingerprinting.

4. ordering a person to pull his automobile off the highway for questioning or to receive a traffic citation.

5. stopping a car by means of a roadblock.

Examples of activities that constitute a seizure of persons include:
What is Probable Cause?
However, brief questioning by itself is unlikely to amount to a seizure. E.g., Florida v. Bostick, 501 U.S. 429 (1991) (brief questioning during a "bus sweep" not a seizure); Immigration and Naturalization Service v. Delgado, 460 U.S. 210 (1984) (brief questioning about citizenship during a "factory sweep" not a seizure).

1. arrest and search warrants; and

2. all arrests (regardless of whether an arrest warrant is required)

Scope of "Probable Cause" Requirement Probable cause is required as the basis for:
"Probable Cause" Defined
Not all searches and seizures need be founded on probable cause. A lesser standard "reasonable suspicion" may apply where the intrusion is minor, such as a pat-down for weapons. Furthermore, where the intrusion on a person's privacy is especially slight and society's interest in conducting the search or seizure is significant, there may be no need for individualized suspicion, such as for society and border checkpoints and certain administrative searches.

1. in the case of an arrest, an offense has been committed and the person to be arrested committed it.

2. in the case of a search, an item described with particularity will be found in the place to be searched.

"Probable cause"exists when the facts and circumstances within an officer's personal knowledge, and about which he has reasonably trustworthy information, are sufficient to warrant a "person of reasonable caution" to believe that:
Basis for "Probable Cause"
Probable cause is an objective concept. An officer's subjective belief, no matter how sincere, does not in itself constitute probable cause. However, in determining what a "person of reasonable caution" would believe, a court will take into account the specific experiences and expertise of the officer whose actions are under scrutiny.

1. direct information, i.e., information the officer secured by personal observation; and

2. hearsay information.

Probable cause may be founded on:
Direct Information
No weight may be given to unsupported conclusory statements in probable cause determinations.
Hearsay ("Informant") Information
Unless a magistrate has reason to believe that an affiant has committed perjury or recklessly misstated the truth, the magistrate may consider all direct information provided by the affiant. The affiant's information is considered reasonably trustworthy because it is provided under oath.

A magistrate may consider hearsay for purposes of determining probable cause, as long as the information is reasonably trustworthy. The informant's identity need not be disclosed to the magistrate unless the magistrate doubts the affiant's credibility regarding the hearsay.
The "Totality of the Circumstances" Test
The Aguilar-Spinelli test for determining the reliability of informant tips controlled until 1983, when it was replaced by the Gates " totality-of-the circumstances" test.
Conlcusion
In Illinoisv. Gates, 462 U.S. 213 (1983),the United States Supreme Court abandoned Aguilar and substituted the totality-of-the-circumstances test for probable cause determinations, which requires the magistrate to balance "the relative weights of all the various indicia of reliability (and unreliability) attending an informant's tip." The factors enunciated in Aguilar basis-of-knowledge and veracity remain "highly relevant" in determining the value of an informant's tip but are no longer treated as separate, independent requirements.
Understanding the 4th Amendment Illegal Search and Seizure
It is the belief of the Colorado Criminal Defense Law Firm of H. Michael Steinberg that every citizen should understand ully the nature and breadth of their constitutional rights.. This web page addresses the citizens rights under the 4th amendment.

About The Author: H. Michael Steinberg Email The Author. A Denver Colorado Criminal Defense Lawyer or call his office at 303-627-7777 during business hours or call his cell if you need his immediate assistance 720-220-2277.

If you are charged with A Colorado crime or you have questions about Understanding the 4th Amendment Illegal Search and Seizure, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.
Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases
H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.

Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm Today.

Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,.... and all the other cities and counties of Colorado.

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call 303-627-7777 - h. michael steinberg aggressively represents the accused against charges in criminal & crime cases. understanding the 4th amendment - denver criminal lawyer

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Understanding the 4th Amendment Illegal Search and Seizure in Colorado and across the country requires a concerted effort to study the actual works of the amendment and the cases interpreting it. This is only one of many articles I am writing and have wirtten to assist people with those tasks.

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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

history: The Fifth Amendment was created to protect people from being treated unfairly by the government in legal courts. It was made because, colonists could be forced to testify against themselves and could lose their property without proper legal procedures.

Importance: The Fifth Amendment is important because it makes sure that there is fairness in legal cases. It protects people from being forced to admit guilt and guarantees that no one can be tried twice for the same crime.

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4th and 5th amendment by Jose And Joel by Jose Garcia - August 25, 2017

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"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

History: The Sixth Amendment was created to guarantee important rights for people accused of crimes. It was made because, in the past, many people were not given fair trials and could be jailed without a lawyer. This amendment makes sure that everyone has the right to a speedy trial, an impartial jury, and to know the charges against them.

Importance: The Sixth Amendment is important because it protects the rights of people being accused and guarantees fair treatment in court. It allows people to have a lawyer to defend them and gives them the opportunity to challenge evidence.

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"In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."

History: The Seventh Amendment was created to have the right to a jury in cases. It was made because, during colonial times, many people had their rights ignored in cases. The amendment makes sure that if the amount in trial exceeds a certain number, people have the right to have their case heard by a jury.

Importance: The Seventh Amendment is important because it helps create fairness in civil cases. It allows ordinary people to decide the results of cases rather than leaving it just to the judges, which can help prevent bias.

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"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

History: The Eighth Amendment was created to protect people from cruel and unusual punishment and excessive bail. It was made in response to the harsh punishments and abuses that people faced in the past. The amendment makes sure that the government cannot give out crazy penalties or punishments that are not reasonable.

Importance: The Eighth Amendment is important because it helps have fairness in the court. It prevents torture or excessively harsh penalties making sure that punishments are fair. This amendment is needed for protecting individual rights and giving out justice properly.

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"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."

case: In Minor v. Happersett in 1875, the Supreme Court said that the 14th Amendment did not give women the right to vote. This decision was then overturned by the creation of the 19th Amendment in 1920.

importance: The 19th Amendment is important because it growed democracy by making sure that women could have a voice in choosing the leaders and laws. It helped created better equality and inspired multiple movements for women's rights

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"The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age."

case: In Oregon v. Mitchell in 1970, the Supreme Court allowed Congress to the to 18 for federal elections, but not for state and local elections. . It was made in 1971 during the Vietnam War, when many young Americans felt it was unfair that they could be drafted to war but weren’t old enough to vote.

Importance: The 26th Amendment is important because it expanded voting rights and made the system more fair for younger Americans. It saw that if young people were old enough to fight in a war they were also probably old enough to vote for governors and presidents.