The Bill of Rights Otherwise known as “The Bill of Rights,” the first 10 amendments to the United States Constitution were first put into place in order to guarantee freedom and basic rights to citizens. These amendments to the Constitution were first introduced by James Madison in June of 1789, following the constant battle over ratifying the U.S Constitution. Along with rights, they also expressed limitations on the federal government’s power in certain cases, and delegated all powers not directly designated to Congress as mentioned in the Constitution to the people. The first 8 amendments are designed to give specific rights to the people, and the last two generalize divisions of power under the Constitution. The first amendment was …show more content…
Even though people have the right to have and carry arms, it does not forbid certain regulations of firearms and other devices similar to them. Individual state and local governments have to follow this as well. In 2008’s District of Colombia v. Heller, the Supreme Court voted that the government cannot ban every form of handgun possession that people use in their homes for the purpose of defending themselves. It was also noted that this case brought on that commercial sales of handguns can be regulated, and that criminals or people with mental illness can be denied the possession of a firearm. Certain places, such as schools can also prohibit people from having one in their …show more content…
Constitution states, “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 was adopted in March of 1792, and currently protects citizens from searches that are unwanted or unreasonable by means. This means that someone cannot be searched or have their property searched or seized without probable cause or reason for it, citing everyone’s right to personal privacy. The exception would be if someone was suspected of illegal or criminal activity. In some cases, law enforcement may have to obtain a search warrant in order to search a property suspected of holding evidence of criminal activity. A warrant is permission by a judge to perform an act that would be deemed a violation of individual rights without it, and will protect the person carrying out the act from damage. The 4th amendment is closely related to the “exclusionary rule,” that deems evidence collected illegally unusable for a trial. A good example of this was shown in Weeks v. United States in 1914. Fremont Weeks was arrested for supposedly transporting lottery tickets through his employer mail. His home was entered and searched, without a search warrant, and documents and other papers were
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
The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief
The 4th amendment protects people from being searched or having their belongings taken away without any good reason. The 4th amendment was ratified on December 15, 1791. For many years prior to the ratifiation, people were smuggling goods because of the Stamp Act; in response Great Britain passed the writs of assistance so British guards could search someone’s house when they don’t have a good reason to. This amendment gave people the right to privacy. “Our answer to the question of what policy must do before searching a cellphone seized incident to an arrest is accordingly simple - get a warrant.” This was addressed to officers searching people’s houses and taking things without having a proper reason. I find
The twelve amendments brought to congress were changed to the ten we have today. However, it must be noted that the second of the twelve amendments was removed but later became the twenty-seventh, which requires compensation for the services of the Senators and Representatives of this country (Twenty-seventh Amendment). After every state had voted on the ratifications, the ten Bill of Rights was accepted in 1789 and officially became part of the U.S. Constitution in 1791 (Bingham). Some of these rights included freedom of religion, speech, and assembly, the right to bear arms and refuse quarter, right to a speedy trial, and freedom from unwarranted search and
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by 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 certain case.
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
The Bill of Rights was created as a listing of the rights granted to citizens, the Bill of Rights serves to protect the people from a powerful government. These civil rights granted to U.S. Citizens are included in the first 10 amendments to the U.S. Constitution. Additionally, Locke’s ideas about checks and balances and the division of church and state were later embodied in the U.S. Constitution as well. The Constitution replaced a more weakly organized system of government as outlined under the Articles of Confederation. John Locke was an English philosopher who lived during 1632-1704.
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.
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.” –U.S. Constitutional Amendments
When the Second Constitutional Convention wrote the Constitution in 1787, there was a controversy between the federalists and the anti-federalists surrounding whether or not to have a Bill of Rights. The anti-federalists claimed that a bill of rights was needed that listed the guaranteed rights that the government could never take away from a person i.e. “inalienable rights.” A Bill of Rights was eventually deemed necessary, and has worked for over 210 years. There are many reasons why the ten amendments are still valid to this day, and the best examples are the First Amendment, concerning the freedom of religion, the Fifth Amendment, and the Sixth Amendment.
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.
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. A warrant, a legal paper authorizing a search, cannot be issued unless there is a reasonable cause. Courts have rules that a warrant is not required in every case. In emergencies such as hot pursuit, public safety, danger of loss of evidence, and permission of the suspect, police officers do not need a warrant to search a person’s property (Background Essay). In the case of DLK, federal agents believed DLK was growing marijuana in his home. Artificial heat intensive lights are used to grow the marijuana indoors (Doc B). Agents scanned DLK’s home with a thermal imager. Based on the scan and other information, a judge issued
Our bill of rights all began when James Madison, the primary author of the constitution, proposed 20 amendments for the bill of rights and not the ten we know of today. Madison sent these twenty proposed rights through the house and the senate and was left with twelve bill of rights. Madison himself took some out. These amendments were then sent to the states to be ratified. Virginia was the tenth state out of the fourteenth states to approve 10 out of 12 amendments. This two-third majority was necessary to make the bill of rights legal. On December 15, 1791 the bill of rights were finally ratified.