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 4th amendment, as we know it today, states as such: “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.” The origin of the 4th amendment dates all the way back to Pre-Revolutionary America, where Britain, in order to cut down on the amount of smuggling to and from the colonies, issued an order known as the writs of assistance which entailed that specially appointed warrants had the right to search homes and boats of colonists and if found, seize prohibite... ... middle of paper ... ...ourt case (Katz v. United States,1967) the clause extended itself to not only the physical property of a “search” but also a right to privacy, meaning that no law enforcer has the right to, for example, listen in to phone calls. The “seizure” clause in the amendment has to do with taking peoples property without the consent of the person. If the person does not consent however, the law enforcer has the right to go to a judge and present a case as to why the person’s property should be seized. If there is enough evidence, the judge may sign a written “permission slip” that allows the warrant to search and seize a person’s property even without their consent. To search or to seize a person’s property a law enforcer must present evidence to a judge in a court of law that the person has prohibited goods or evidence that the person has been involved in a criminal act.
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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.
The Fourth Amendment was passed in 1789 and later ratified in December 15, 1971. The Fourth Amendment offers protection and prohibits unreasonable searches and seizures. When, how, and why these searches have taken place is protected under this law. 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
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
In order for police or any other higher authority to search and seize evidence from a suspect legally, it is required that a judge must grant a search warrant. (Encarta Online) The warrant authorizes the officer to seize particularly described items and to bring them before the court that issued the warrant. In common law, search warrants were used mainly to discover stolen property. In
The Fourth Amendment has its roots in the heart of English common law. In 1604 in Seymane the English court recognized that no king had unlimited authority to enter into his subject’s home without invitation or a legal reason that had been followed by due course. Following this realization England faced an unprecedented rise in searches and seizures using general warrants. In the case of Entick v. Carrington the legal conclusion was reached that a search carried out in the name of the king was unlawful and lacked probable cause. Entick v. Carrington, the Supreme Court has said, is a “great judgment,” “one of the landmarks of English liberty,” “one of the permanent monuments of the British Constitution,” and a guide to understanding what the Framers meant in writing the Constitution (Boyd v. United States, 1886).
The government and how the people perceive the laws and rules of the land have differed for many years, nor have there been many agreements when it comes to the Amendments especially the fourth Amendment. The right to have privacy and without a warrant shall not be searched or seized. With the fourth Amendment, there is always controversy because of the different viewpoints and perceptions of the nine exceptions to the Amendment. This is clearly demonstrated in the case Kyllo(DLK) vs United States(2001). DLK ended up being found with marijuana after being searched and seized from an issued warrant. While this is fine the controversy comes from the main evidence to obtain the warrant, which was pictures
We live in the 21st century, where most Americans mind their own business but take for granted our God given rights. Not only God given rights but also those established by our founding forefathers. This paper will illustrate and depict the importance of the original problems faced when adopting the Constitution and the Bill of Rights. It will discuss the importance of the first amendment, the due process of the 4th, 5th, 6th, and the 8th amendments. Last but not least the importance of what is known as the “second Bill of Rights” (14th amendment).
Constantly the government and law enforcement attempt to push back the line of what the 4th amendment covers. A recent example is “stop-and-frisk” or the “Terry Stop”. This law allowed officers in New York City and other places in the country to stop people on the street based on “reasonable suspicion”, instead of a warrant, and search them for weapons and other criminal activity. While this law was ruled constitutional, I personally disagree with the court ruling. An officer
The United States Constitution is the most fundamentally important document to the U.S. government. This is because the constitution serves to outline the ultimate set of laws and the basic structure of the American governmental system. Each article and amendment serves a distinct and vital purpose in achieving the goal of creating a more perfect union as stated in the preamble. However, recently the expiration of the Patriot Act and subsequent passage of the USA Freedom Act have thrust the 4th Amendment into theThe 4th Amendment provides the chief means of protection of an individual’s right to privacy. It also stands to ensure that every person has the right to live free of indiscriminate interference by government officials. While an
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 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
The Fourth Amendment to the U.S. Constitution provides citizens and corporations protection from unreasonable search and seizure. Furthermore, it secures a person’s rights to be secure in their person’s, homes, and personal so that unreasonable or unauthorized searches cannot lead to the seizure of property to be used against a person as evidence. In order for a search to be considered reasonable a search warrant must be approved by a judge. A court will issue a search warrant in the event that a government official seeking the warrant can show probable cause, or in other words, proof (based on known facts) that the search may in fact uncover evidence of criminal activity. If and when a search warrant is granted, it is issued for the search
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.
This amendment implies that people have the right to feel safe in their body without the fear being searched, which is commonly known as a stop and frisk, safe in their houses, and their possessions being safe from outside forces, as well as keeping law enforcement from infringing upon these rights. As said by the Judicial Learning Center, “the purpose of the 4th amendment is to protect people from being abused by a powerful government. There are strict rules that government agents must follow to search you and seize