The 4th And Fourth Amendment: The Fourth And Fifth Amendment

1252 Words3 Pages

In wake of the new government America had to form, the framers of the constitution believed that important measures needed be taken to avoid tyranny, since that is what the long malicious Revolutionary War was fought for. To prevent the possibility of another cruel and oppressive government, the framers wrote the constitution ¬ to protect the people for tyranny in all and every level. The framers when writing the Bill of Rights amendments particularly focused on how the government will police the people. After facing centuries of control from Britain and heavy surveillance by the tyranny of King George, a change had to be made to avoid the repetition of history. The amenders critically looked at prime activities that violated the people, The Fourth and Fifth Amendment combine to form a unanimous statement that personal and private property are to be held with the upmost protection and sanctity. The framers of the constitution took lessons from why the Revolutionary war was fought and the unreasonable acts committed by the British. To the Americans of that generation, the protection of private papers was the equivalent of the protection of modern day emails and messages. Being under the rule of King George was a time where the Americans had their rights usurped by the government. That is what catalyzed the need for the Fourth Amendment. The framers explicitly wrote “The right of the people to be secure in their persons, houses, papers, and effects, against Today, any evidence gathered by an illegal search, despite whether or not it gives direct proof of a crime, cannot be used as evidence in a trial. This is come to known as the Exclusionary Rule. Steven Bond was on a Texas bus heading towards his destination when the border patrol agent initiated a random search of passenger’s luggage in search of contraband. Steven Bond went through several judges and appeals and each one ignored the illegal search. That is until case went to the Supreme Court. In the case of Bond v. United States, the Supreme Court ruled that the agent’s search defied the Fourth Amendment and was therefore unconstitutional. In a criminal investigation, a search is only considered legal with probable cause. The probable cause; however, cannot be considered valid without a search warrant. The framers of the Constitution knew that similar cases would eventually happen. Despite the foresight, the amendments require a warrant to prevent abuse from a powerful

Open Document