The amendment are a body of law Constitutional amendments Laws that is very important, they are put in place to govern the land, each amendment is put in place for balancing the world, where laws are concerned.As sltated by our book (Seaquist, 2012). constitutional law serve to balance and put a check on state and local law, for example, and in turn, the federal government is limited in its powers to legislate and must give states the power to regulate certain matters, there is no "one" law, as in a country whose legal system is based on civil law,” (Seaquist, 2012 pg.1.1). Amendment IV is based of the people right to be secure in their person, houses, paper and also their effects, this amendment guards against unreasonable searches and seizures, no ones right shall not beviolated, and no Warrants shall be issue, but uless there is probable cause, supported by Oath or affirmation, and particularly describing the place tobe searched, and the persons or things to be seized (Seaquist, 2012). Before the govement can take someone property it must have a valid search warrant, that is issussed by a judge and it must be based on probably cause, there has to be a reason to search. the Fourth …show more content…
Computer parts were missing on a daily basis, these computer parts were very expensive.The Japenese did not know who were stealing the parts, we were all a suspect. We have this big meeting one day, we were informed that our lockers were going to be emptied out and our person were going to be searched. This 4th amendment would require them to follow certain procedures to be able to search a person. We would not allow them to search us, and we would not open up our lockers, because they were doing this on their own, we felt they had no right to search us. the Fourth Amendment serves to protect the business and people. The fourth Amendment applies both to individuals and businesses
The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, 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 searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine.
To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under
" Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment. The Third Amendment in its prohibition against the quartering of soldiers. The Fourth Amendment explicitly affirms 'the right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures'. The Fifth Amendment in its Self Incrimination Clause.
After the Civil War, there were some rules created to protect people’s right to due process of law. These rules give the opportunity to criminals to be protected in a legal way, which the police cannot control. The Fourth Amendment protects the criminal from being searched or seized. In the film, the police are not allowed to search for a criminal to obtain evidence. Moreover, police cannot detain a person without proper justification.
Privacy comes at a cost. It brings people who fight for the people the privacy of others when it is violated together. Cops not being able to search when they seize a cell phone makes them risk their lives because how people these days are, there could be bombs in the phone. Even though this amendment was ratified, people to this day still don’t have privacy they rightfully deserve. This effects me because I’m able to keep special information to myself. Also, if a police pulls over a family member and ask for their phone to investigate without giving a proper reason or having a warrant, that family member could say no. If a police hasn’t given you a good reason to hand something over, you have the right to resist or else the police are being unconstitutional. This amendment gives people the safety to do what they want(that’s legal). It also makes life better, but harder. Life is harder with this amendment because you have to watch out for who you trust that they won’t do anything to jeopardize your safety. This is relevant because a man in Indiana was tracked down by a GPS. It didn’t violate his 4th Amendment because the police got a warrant to put a tracking device in his mom’s car. This case represents how technology gives advantages and disadvantages. An advantage was that they were able to track him down for a burglary. The disadvantage would be that if they hadn’t gotten a warrant, he could have filed a lawsuit against
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found in the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a particular case. The 4th Amendment only applies when certain criteria are met. The first criterion is that the government must be involved in a search or seizure via government action.
The Second Amendment states, “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.” This statement basically means that people should be able to own guns for their own security and that right should not be taken away. The Second Amendment was added to the Constitution because the creators of the Constitution wanted to make sure that it protected basic rights, including the right to bear arms. It was also added to the Constitution because shortly after it was ratified, James Madison wanted to give more power to the state militia and to give more power to the people to give them the ability to fight back against the Federalists and the tyrannical government they were creating. After fighting off the British, the Second Amendment was created to give citizens the opportunity to fight back against controlling government and protect themselves with their own weapons.
The amendment that raises my own eye is the Search and Seizures Clause of the Fourth Amendment. Like most of the Bill of Rights, the Fourth Amendment has its origins in 17th and 18th century, English common law. Unlike the rest of the Bill of Rights, the Fourth Amendment's origins can be traced precisely it arose out of a strong public reaction to three cases from the 1760s, two decided in England and one in the colonies. Two cases from England, “Entick vs. Carrington” and “Wilkes vs. Wood”, involved plaintiffs who produced pamphlets criticizing the government. During the arresting, officials seized books and papers from the plaintiff’s property. A court agreed that the officers’ actions constituted trespassing. The third case occurred within the colonies and involved “writs of assistance,” which permitted officials to search for smuggled goods without specify which house or what goods.
The Fourth Amendment provides people with the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Courts have long recognized that the Forth Amendment protected individuals from unjustified police intrusions into one’s person, home, car, or other possessions, but few practical protection mechanisms existed. To preserve these constitutional guarantees, the Supreme Court established standards by which police officers must abide. One such protection has been the probable cause — a belief that the person committed, is committing, or is about to commit a crime. In order to uphold an arrest or seizure, courts have required a probable cause combined with either a warrant or circumstances
The Fourth Amendment came almost directly from experience of the colonials. But it wasn’t introduced only as a fundamental right, but also as a major part of the English ideals as well. In England, ''Everyman's house is his castle'' was an honored phrase, enforcing the idea that it is not only is it a law, but a right that cannot be delegated by any government idea. There are two major cases where this idea was tried. Semayne’s Case and Entick v. Carrington.
In 1787, The United States of America formally replaced the Articles of Confederation with a wholly new governing document, written by the delegates who attended the Constitutional Convention in Philadelphia. This document, known as the Constitution, has served as the supreme law of our land for the past 228 years. It has stood the test of time and a majority of Americans still support it today (Dougherty). The Constitution was designed in a way that allows for it to be amended, in order to address changing societal needs. Article V discusses the process by which the Constitution can be altered. This feature has enabled it to stay in effect and keep up with current times. The Constitution should not be rewritten every 19 years because it would not only weaken its importance, but it would also hurt foreign relations and continuously rewriting it would give political parties too much power.
A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.
Chapter fourteen of our text book covers the 3rd, 7th, 9th, 10th, 11th, 13th, and 14th amendments which cover different rights of the government and the people. In this paper, I will be summarizing these amendments and how they are important to us.
The 4th Amendment is the right of the people to be secure in their persons, houses, papers, and effects,
In September 25, 1789, the First Amendment protects people’s privacy of beliefs without government intrusion. The Fourth Amendment protects one’s person and possessions from unreasonable searches and seizures. On February 1, 1886 in Boyd v. U.S. Supreme Court recognized the protection of privacy interests under the Fourth and Fifth Amendments of the U.S. Constitution. In the 1890s, the legal concept of pr... ... middle of paper ... ...