The Declaration Of The Fourth Amendment Essay

The Declaration Of The Fourth Amendment Essay

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Abstract
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...


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...m/browse/warrant
(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

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