Amendment of the United States
PLEAEE NUMBER RESPONSE:
1. The Fourth Amendment of the United States protects U.S. citizens from unreasonable searches and seizures from government entities.
Please cite a case on one of the following areas: use of force, evidence collection, arresting power, or probable cause. Provide a brief synopsis of the case. Do you agree with the disposition of the case? Why or why not?
What constitutes unreasonable searches and seizures? Do police have the power to arrest unlawful behavior without probable cause?
2. Suppose you live in a town where commercial development is trying to come in and “take” (in exchange for just compensation) several waterfront residences to building a new mall area with restaurants, bars, and souvenir shops. This new development is supposed to create 500 jobs and bring in countless visitors each year.
Over the past 25 years, the town’s economy has been tolerable, but not booming, the tax base has been shrinking because of younger people moving away, and what was once a major tourist economy is languishing.
Is there a constitutional and/or public policy argument that would legally support the taking of these properties against the will of the residents? Explain.
Taking the opposite side, are there legal arguments against the taking? Be sure to include specific examples and case law to support your work.
Note: A legal argument is required. An emotional one can be valid, but it is not legal or constitutional.
