The Case Of The Second Amendment Rights - 1386 Words

After reviewing the given information from Ms. Bennett, there is a strong possibility the court will find the defendant’s Fourth Amendment rights were not violated. The Fourth Amendment states: 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. Cons.) In order for the court to find a lack of a violation, they need to determine that the findings of Ms. Bennett were reasonable in inception and scope. In this particular case, the burden of proof is put upon the Government. A. Reasonableness in Inception Ms. Bennett did not fall out of the parameter and breach the defendant’s Fourth Amendment right with the reasonableness at inception. To be reasonable in inception means to have a rational reason for inspecting an employee’s work area. Physical evidence, information from a reliable source, or a professional’s opinion, of work related misconduct or illegal activities occurring are valid reasons for investigations. â€Å"Employers’ intrusions on constitutionally protected privacy interest †¦ investigations of work-related misconduct, should be judged by standard of reasonableness under all the circumstances.† O’Connor v Ortega, 107 S. Ct. 1492 (U.S. 1987). In City of Ontario, California v Quon,Show MoreRelatedThe Rights Of A Free State1118 Words   |  5 PagesAmerican Lit 2 December 2014 Amendment II â€Å"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.† The Right to Bear Arms According to the Second Amendment, in the Bill of Rights, the rights of the people to keep and bear arms have been enacted since December 15th, 1791. Across the 223 years this amendment has been around, there has been an abundance of history behind the Second Amendment. Over this time periodRead MoreThe Constitution And The Declaration Of Independence1712 Words   |  7 Pagesgovernment also included a set of rights entitled, The Bill of Rights. In The Bill of Rights, citizens of the U.S. are given rights, amendments, that make the U.S a free country today. This system has provided many citizens with rights such as, allowing them to express their religion and free speech and protect their privacy with no officials is allowed to search someone s belongings unless there is a warrant that states reason. There are many more amendments besides the two listed and each ofRead MoreThe Right to Bear Arms1866 Words   |  7 PagesIntroduction In this essay highlighting the second amendment, I will focus mostly on the right to bear arms. The Second Amendment states, â€Å" 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.† I think that the founders put this in the constitution to keep the sense of freedom they had in England concerning arms, and other than a small force of paid officers, the United States had no professional, trainedRead MoreGun Control And The Second Amendment1179 Words   |  5 Pagescitizens to bear arms. The right to bear arms traces back all the way to the times of the 13 colonies. The Second Amendment has been up for many debates, especially in the recent light of mass shootings in the US. But does the entire removal and ban of firearms really work? Gun control and the second amendment has been a never ending conflict between politicians. As we look further into gun control there are more draw ba cks for the citizens than benefits. The Second Amendment was ratified to the USRead MoreArgumentative Essay On Gun Control1397 Words   |  6 Pages The Second Amendment to the United States Constitution protects the right of the people to bear arms and was adopted on December 15, 1791, as part of the first ten amendments located in the Bill of Rights. Since then there have been many attempts to create stricter gun control legislation and this leads to the argument whether or not this is an attack on the 2nd  Amendment? The Bill of Rights amendments adds to the Constitution specific guarantees of personal freedoms and  rights. The Second AmendmentRead MoreThe Bill Of Rights Of The United States1557 Words   |  7 PagesThe Bill of Rights lists certain freedoms and liberties that are guaranteed to the people of the United States of America. Because these rights are in the Constitution, they are federal laws that apply to everyone in America. To ensure there was no question as to who the Bill of Rights applied to, the Fourteenth Amendment was passed in 1868 giving anyone born in, or a citizen of, the United States the rights guaranteed by the Bill of Rights. The amendment left clauses giving some interpretationRead MoreBill of rights Essay955 Words   |  4 Pagestheir rights such as life, liberty, and property. The Constitution was created to make a stronger central government to protect the rights of its people. The Social Contract protects the natural rights of the citizens, but with the Constitution protecting every other rights. The writers intention of the Bill of Rights was to ensure the safety of citizens rights. Most amendments apply in daily life, but might not realize it. The First amendment, freedom of speech, amendment two, the right to bearRead MoreEssay on The Right to Bear Arms a Constitutional Conflict 1666 Words   |  7 Pagesact of bearing a firearm was initially represented as a duty in England, up until King Alfred converted this duty into a right. By doing so, individuals were allowed to use firearms for two purposes: self-defense and hunting. In time, â€Å"kings chose to trust their subjects with arms and to modify and supplement the militia if need be† (Malcom 3). Individuals were given the right to bear arms in exchange for their participation in England’s militia, which consists of â€Å"able-bodied male citizens declaredRead MoreDistrict of Columbia v. Heller: The Use and Permit of Handguns1529 Words   |  7 Pagesrigorou s system in place is violated the individual rights that granted and protected by the United States Constitution. They believe that the rigorous system will prevent people from defending themselves and could be a violation of their privacy. Regardless of which side is right, if we want to understand more about our current conflict, we have to look back on how this hold debate started. The District of Columbia v. Heller, the Supreme Court case in 2008 that found the Firearms Control RegulationsRead MoreCivil Liberties And Civil Rights1318 Words   |  6 Pagesprotect the rights of U.S. citizens. Moreover, these changes have occurred by much insistence and court cases from the people. Out of these changes, civil rights and civil liberties have erupted in order to protect the lives of citizens even more. Who we are as citizens of the United States can be characterized by the concept of civil rights and civil liberties, the idea that the constitution protects the major rights enumerate d in the Bill of Rights, marginalized groups, the second amendment, and the