The United States Constitution contains basic rights, and some of those rights are the First Ten Amendments, that are known as Bill of Rights. In the Bill of Rights, the Fourth Amendment protects the people from unreasonable search, seizure and arrest. This paper will explore the history of the Fourth Amendment from the beginning until it was incorporated in the Bill of Rights, arrests, searches, exclusionary rule, warrant requirements, the fruit of the poisonous tree and what it is the USA Patriot Act. This paper will also cover some of the currently issues on the Fourth Amendment. This paper will explain why the Fourth Amendment requires that law enforcement officers need to obtain a warrant before conducting a search. In addition, it will also examine the justification behind the search warrant requirement, the methods that police officers follow when conducting a search, and the comprehensive explanation of the probable cause that is necessary to support a search.
In the history of the Fourth Amendment we can find that the English used to do unrestricted searches on the citizen homes to find any kind of illegal or unauthorized items. On the book (Stacy & Ronald, 8th edition, 2013, p18), said that “the use of unrestricted searches dates back as far as 1335”. In the colonies, the English King used to allow his guards to check homes with the use of what it is was called writs of assistance or most know as general warrants to enter the citizen houses and search them until they found something against the citizens. According to the (billofrights.org, 2010), the Four Amendment was incorporated as part of the Bill of Rights on December 15, 1971. The reason why the Fourth Amendment was created is to prote...
... middle of paper ...
(2014). Fourth Amendment: Warrants, Searches, and Seizures. Retrieved from intellectualtakeout.org website: http://www.intellectualtakeout.org/library/law/fourth-amendment-warrants-searches-and-seizures
Bradley, G. V. (2012). Searches and Seizures. Retrieved from heritage.org website: http://www.heritage.org/constitution/#!/amendments/4/essays/144/searches-and-seizures
Lahann, J. (2014, ). Search and Seizure - The Exclusionary Rule and the Fruit of the Poisonous Tree Doctrine. Retrieved from law.jrank.org website: http://law.jrank.org/pages/10054/Search-Seizure-Exclusionary-Rule-Fruit-Poisonous-Tree-Doctrine.html
Moak, S. & Carlson, R. (2013). Criminal Justice Procedure (8th ed.). Waltham, MA. Anderson
Schlesinger, S. R. (2006, October 15) Publications. Retrieved from ncjrs.gov website: https://www.ncjrs.gov/App/publications/abstract.aspx?ID=55584
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Historical Background Constitution, Bill of Rights and Fourth Amendment: America’s first constitution, the Articles of Confederation, was a document signed amongst the 13 original colonies that established the United States of America as a confederation of sovereign states. The Articles of Confederation were ratified in 1781, five years after the Declaration of Independence and two years before winning independence from Great Britain. During this time, states acted like independent countries and federal government lacked the power it has today.... [tags: United States Constitution]
1638 words (4.7 pages)
- In this essay, I will compare the United States’ Declaration of Independence and Bill of Rights to France’s Declaration of the Rights of Man and Citizen. In order to derive these similarities as well as differences that both the Declaration of Independence and the Bill of Rights have with the French, Declaration of the Rights of Man and Citizen I will juxtapose each of the United States documents with that of the single French document. The French Declaration of the Rights of Man and Citizen ratified in August 1789 contains rather distinct similarities with the United States Declaration of Independence ratified on July 4, 1776.... [tags: United States Constitution]
1121 words (3.2 pages)
- ... The Supreme Court struck down the law after this case and the right to privacy was declared. The second case that arose was more controversial then the first one; It is the case, Roe v. Wade (1973). In this case, “… Supreme Court drew on the right of privacy and struck down a Texas law banning abortion. The Court ruled that the right to privacy is “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy” (Morone and Kersh 119). The debate over abortion still continues to this day.... [tags: Supreme Court of the United States]
1115 words (3.2 pages)
- In the result of WWII and the holocaust, the United Nations was created and it set out to create a document that established peace and protect basic rights that humans are entitled to regardless of the country residing in. The Universal Declaration of Human Rights was adopted in 1948, expressing human rights in writing within 30 articles. The first article states that all people are born free and are equal. This means that no one should be held as a slave, because a person only belongs to themselves, and slavery doesn’t obtain equality due to the concept of the master( the slaveholder) is superior to the slave who is inferior.... [tags: Human rights]
1094 words (3.1 pages)
- In the year 1776 on the fourth day of July, a document was written to change forever the future of the American Colonists. Fifty-six brave men with the desire for freedom. This document was a means to rid themselves of a tyrant and his rule, ensuring unalienable rights for one and all. As John Hancock, Benjamin Franklin, Thomas Jefferson and others penned their names. History was made, and was born the Declaration of Independence. When the Declaration of Independence was written, another document was drafted called the Articles of Confederation.... [tags: US history]
1123 words (3.2 pages)
- The Fourth Amendment of the Constitution pertains to search and seizure and exists in order to protect citizens of the United States from unreasonable inquiries and detainment. The exact wording of the Fourth Amendment is as follows: 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 (“Fourth Amendment”, 2014., p.... [tags: Fourth Amendment to the US Constitution]
1659 words (4.7 pages)
- ... An officer of the law would need a warrant to perform the search and has to have probable cause in order to search a person and their property. The Fourth Amendment is implicated in a search when someone is pulled over by the cops, when being placed under arrest, when officers enter the individual home to make an arrest, and when the person’s property has been taken. In order to search someone person or property a warrant would have to been issued based on probable cause. A warrant is a legal document issued by a government official authorizing the police officer to be able to enter the property to perform search, make an arrest, and confiscate evidence during the search.... [tags: Fourth Amendment to the US Constitution]
706 words (2 pages)
- ... “Besides its general character, said the court, the warrant was bad because it was not issued on a showing of probable cause and no record was required to be made of what had been seized” (Justia Law) While all of the Constitution is important, this is one of the more important parts in my mind. Simply because before this was added, police did not have to have a reason to come in to your house and search your property, or even to search your person. King George the Second passed so many tax collection laws that smuggling became very common place in America, it was common place to be stopped and harassed by the police because they wanted to make as much money off America as possible.... [tags: Fourth Amendment to the US Constitution]
813 words (2.3 pages)
- Of the various places and things the Fourth Amendment protects, “the home is first among equals.” Florida v. Jardines, 133 S.Ct. 1409, 1414 (2013). For Fourth Amendment purposes, places and things protected includes the home and its curtilage, which is the area “immediately surrounding and associated with the home.” Id. Where there is no reasonable expectation of privacy, there is no Fourth Amendment protection coverage. See Katz v. United States, 88 S. Ct. 507 (1967). To determine whether a legitimate expectation of privacy exists, the court must determine whether an individual possessed 1) an actual (subjective) expectation of privacy in the place or thing searched; and 2) whether the expe... [tags: Fourth Amendment to the US Constitution]
1281 words (3.7 pages)
- Introduction The Fourth Amendment to the U.S. Constitution was drafted by the Framers to protect the right to be free from governmental intrusion. Without a warrant and probable cause, an officer may not enter a home and search it. The use of GPS technology, however, enables the government to collect the same information without ever leaving the office. Thus, GPS based surveillance presents the issue of what protection the Fourth Amendment offers. Current Fourth Amendment jurisprudence offers little protection from warrantless surveillance.... [tags: Fourth Amendment, Rights, United States]
1599 words (4.6 pages)