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Critical analysis of the 4th amendment
Critical analysis of the 4th amendment
4 Th Amendment
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On December 15, 1791 the Bill of Rights was ratified to limit the government 's power, but no one could have predicted how the world would change and how the amendments would be tested. Since the Bill of Rights was written the world has changed drastically. With advances in technology, that the founders of the constitution could have never predicted, many of the amendments are not applied in the same ways as they were when they were written. The Fourth Amendment in particular has changed very much. The modern forms of communication have tested the Fourth Amendment and the government 's responses. Since the Bill of Rights was ratified, there has been constant change in the world and therefore all the amendments have been tested and questioned.
Many people in the past and in modern day, say that “a man 's house is his castle” and therefore that man has the right to protect his house and effects. That protection goes for anyone that wants to inflict harm in the person or property. It also extends to law enforcement and the government, not allowing them to conduct unreasonable searches and seizures. The extent of unreasonable searches and seizures go from uncalled for arrests that seem to be at random and to warrantless searches of private property. Searches on private property will only be allowed if there is reasonable
David Riley was pulled over on August 22, 2009 for driving with expired tags. Riley’s license was suspended and therefore, the car had to be impounded. Upon impounding the car it was searched, and its contents cataloged. When searching the car, police found two guns and added the charge of carrying a firearm to Riley’s offence. Riley also had his cell phone. The gang unit detective searched his phone and found evidence connecting Riley to gang activity. They also found evidence connecting Riley to a recent shooting of a car that belonged to a member of a different gang. Evidence on his phone, along with ballistic tests, indicated that Riley was involved in the shooting of an occupied vehicle. Riley was charged for shooting the vehicle, attempted murder, and assault with a deadly weapon and sentenced to 15 years to life in prison.
The Fourth Amendment and the Bill of Rights will always be debated. It will not matter what year it is or who is running the country, there will always be people on both sides of the constitution. The amendments will always be tested and there will always be new acts and laws that could contradict what the constitution says. People will constantly take a side to every issue that arises and will question the government 's decisions. The Bill of Rights will be tested but, this country was created to let its people have freedom and
Abraham Lincoln became the United States ' 16th President in 1861, delivering the Emancipation Proclamation that declared forever free those slaves within the Confederacy in 1863. If there is a part of the United States History that best characterizes it, is the interminable fight for the Civil Rights. This he stated most movingly in dedicating the military cemetery at Gettysburg: "that we here highly resolve that these dead shall not have died in vain--that this nation, under God, shall have a new birth of freedom--and that government of the people, by the people, for the people, shall not perish from the earth. "The Declaration of Independence states “All men are created equal”.
The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief
In the second trial the prosecution introduced the same data into evidence that derived from the GPS tracking device that was used in the first trial. The information collected from the tracker associated the defendant with other conspirators and led investigators to a hideaway house that stashed over $850,000 in cash along with large amounts of cocaine and drug paraphernalia. Other evidence combined with the confirmed whereabouts all derived from GPS tracking did not land a hung jury this time around but in return a guilty verdict. Antoine was sentenced to life in prison on the conspiracy
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
The Constitutional Convention in Philadelphia met between May and September of 1787 to address the problems of the weak central government that existed under the Articles of Confederation. The Antifederalists were extremely concerned that the national government would trample their rights. Rhode Island and North Carolina refused to ratify until the framers added the Bill of Rights. These first ten amendments outlined things that the government could not do to its people. They are as such:
In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.
The Second Amendment has always been met with much debate on whether gun control is constitutional or unconstitutional. The framers of the Second Amendment have left many people with different opinions on what its true intent was. Charles L. Blek Jr. and Joseph Sorban have two different views with many over lapping ideas and use court rulings, Second Amendment history, and past events in their articles to help support their positions.
The Bill of Rights or the first 10 amendments to the Constitution was proposed to Congress in 1789 by James Madison in response to the Anti- Federalist movement that lobbied for an extended amount of rights that would further safeguard liberty. The 4th amendment in particular was drafted to acknowledge the abuse of the writ of assistance, a “search warrant” issued by the British government to search boats that were thought to contain smuggled material in Colonial America. The 4th amendment can be broken down into 3 parts: what activities are considered to be a “search” or a “seizure”; what is a probable cause for a “search” and “seizure” and finally, how violations should be dealt with. The evolution of the 4th amendment is long and tumultuous, starting from what it meant at time of drafting, to the controversy over different interpretations in modern times. Through all the controversies and the debate over the meaning of the 4th amendment, the essence is always the same: to protect man’s liberty.
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. Constitutional Amendments
Throughout the past decade or so the Second Amendment rights issues have arisen with the demand of individuals rights to keep and bear arms. The constitution states the “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.” In the court case upheld in the Supreme Court Columbia vs. Heller, the ongoing debate of this interpretation of the Second Amendment. Heller, a special officer in Washington D.C., was denied the right to being able to register a handgun to keep at home. This case was taken up to the Supreme Court due to Heller’s argument stating that the government of the nation’s capital must obey the Constitution and the Bill of Rights because these texts are the supreme law of the land. Heller’s belief of injunction was certain, “at least one of the founding fathers said that there will be times when the State or Federal Government will overstep its bounds and will need to be put back into its place.” There has not been any lower court cases or any true precedent case besides Columbia vs. Heller for Drake vs. Jerejian. Drake vs. Jerejian seeks an end to the unjustified denial of carry permits by the State of New Jersey; and the unreasonable restriction for concealed carry permits citing “justifiable need” or “urgent necessity” for the issuance of a permit. Constitutional rights are protected under the law and may not be denied by government officials because of perceived “need” or “necessity.” The Second Amendment should not only guarantee this right to possess firearms to members of militia but also to those who may grant this privilege, as well that it’s a right in our constitution. An individual’s Second Amendment right should se...
When the Second Constitutional Convention wrote the Constitution in 1787, there was a controversy between the federalists and the anti-federalists surrounding whether or not to have a Bill of Rights. The anti-federalists claimed that a bill of rights was needed that listed the guaranteed rights that the government could never take away from a person i.e. “inalienable rights.” A Bill of Rights was eventually deemed necessary, and has worked for over 210 years. There are many reasons why the ten amendments are still valid to this day, and the best examples are the First Amendment, concerning the freedom of religion, the Fifth Amendment, and the Sixth Amendment.
The United States government was founded on a written set of principles known as the Constitution. There have only been 17 amendments, or changes, since ratification. While the United States has evolved with time the role and function of the government, and the way the government guarantees civil rights and liberties, has also evolved. These changes have resulted from changing or broadening of the interpretation of the constitution. Although the core of the constitution has not changed, it has expanded and its interpretation has changed to keep up with societal demands.
The Bill of Rights are the first ten Amendments to the Constitution. The Bill of Rights works to provide constitutional protection for the individual and to limit government power. The First Amendment and the Sixth Amendment protects the individual by allowing religious and political freedom, and by promising a public and speedy trial. The Fourth Amendment protects the individual’s privacy and limits the reach of the government into people’s homes and personal belongings. The three essential Amendments from the Bill of Rights are: the First Amendment- Religious and Political freedom: the Fourth Amendment- Search and Seizure: and the Sixth Amendment-Criminal Court Procedures.
The Fourth Amendment to the Constitution states that individuals have the right to be secure in their persons, houses, papers, and impacts, against absurd searches and seizures, yet the issue close by here is whether this additionally applies to the ventures of open fields and of articles in plain view and whether the fourth correction gives insurance over these also. With a specific end goal to reaffirm the courts' choice on this matter I will be relating their choices in the instances of Oliver v. United States (1984), and California v. Greenwood (1988) which bargain straightforwardly with the inquiry of whether an individual can have sensible desires of protection as accommodated in the fourth correction concerning questions in an open field or in plain view.
“They may identify potential leads with respect to folks who might engage in terrorism, if these folks — if the intelligence community then actually wants to listen to a phone call, they’ve got to go back to a federal judge, just like they would in a criminal investigation.”(Obama’s remarks) President Obama said this in an interview regarding the NSA’s work on surveillance to protect the country while also following the Fourth amendment’s Guidelines. The fourth amendment can be beneficial to the government by allowing them to legally conduct search and seizures. The Fourth Amendment also allows law enforcement to access suspect’s phones and any electronic devices. It also allows law enforcement to access all suspects’ files. Even though, The Fourth Amendment can help Law Enforcement it can also invade privacy. Although some believe the Fourth Amendment promotes invasion of privacy, it is beneficial to the government because it helps protect citizens from illegal search and seizures, allows the IRS to access foreigners, and in some cases American’s emails/phones, and helps law enforcement access suspects’ files.