The Fourth Amendment: The History Of The 4th Amendment

1516 Words4 Pages

History of the 4th Amendment It is a common known fact that the Bill of Rights serve as a type of contract between the government and the people that outlines the specific rights that each individual is entailed and the government cannot revoke those rights. The Fourth Amendment protects those accused of a crime by preventing officials from searching the home, property, or body of the accused without a valid reason or a search warrant. Despite being a crucial amendment in terms of the privacy and personal protection of an individual, the history behind the conception of the amendment and the history of the amendment in the modern day is not known to a majority of the American population. Accusations of criminal acts is not something that …show more content…

The Fourth Amendment provides protection against unlawful warrants, searches and/or seizures with insufficient evidence, and what will constitute the terms of a warrant. The Fourth Amendment is based on three main principles. The first principle is that the authorities must have sufficient evidence as to why they believe the desired piece of evidence would be located in the area. For example, if the authorities were in search of a murder weapon they must have sufficient forensic evidence that would provide enough support that the weapon would be located at the specific spot. The second principle is that when searching an individual’s private home the reason should be focused on evidence to support the search. For instance, if the cops were to search the home of an individual accused of a crime any types of writings or plans that may be present in the home may be confiscated if they are deemed necessary in support of the search. The final principle is that a blanket warrant must not be used as a method of bypassing the first two principles. For example, if the authorities could not solve what kind of weapon was used or where the evidence would be located they cannot have a warrant that covers any possible scenarios in a broad range. The original notion of the Fourth Amendment was to enforce the belief that “each man’s home is his castle”

More about The Fourth Amendment: The History Of The 4th Amendment

Open Document