Why Is The Fourth Amendment Important

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There have been common concerns in regards to the fourth amendment from colonial times till present day. From the original disputes with the British, to the evolution of warrants and when they are necessary, there are still unsettling feelings remaining. Back before America was a country of its own, colonists were continually subjected to raids by soldiers who were trying to find smuggled goods. British officials operated under writs of assistance, which were “general search warrants issued by superior provincial courts to assist the British government in enforcing trade and navigation laws” (Encyclopedia Britannica). The use of these were considered the utmost arbitrary abusement of power, and were outlawed in several states after independence was won from Great Britain. As years became centuries, the purpose of a warrant developed. Currently, in order for law enforcement to conduct a search of someone’s property, they need a reasonable basis that would lead them to believe a crime is being …show more content…

Its definition was clarified in Illinois v. Gates (1983), when the court proclaimed that probable cause would have a “flexible approach” depending on how serious the case is. While this method is certainly effective in preserving the guidelines of the fourth amendment, there have been times in history when the government was in violation of the people’s rights. In Weeks v. United States (1914), police officers illegally searched Fremont Weeks home by using a hidden key. They seized Weeks personal papers, letters, and books to use in court. However, the Supreme Court ruled the search unconstitutional due to the fact that officials had no probable cause, and therefore no warrant. From colonial times till now, the question of when a warrant is necessary has been a reoccurring theme in arrests, court decisions, and all that

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