4th Amendment In the late 1700's the 4th Amendment was written because of strong objections to the Writs of Assistance or general warrants. The Writs Assistance gave officials the right to enter any home and seize belongings without a reasonable cause. (Grolier Encyclopedia) The 4th amendment was ratified in the Bill of Rights on December 15, 1771. This amendment protects the people's right to privacy and security. (Encarta Online) The Fourth Amendment 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.'
As said by the Fourth Amendment, " the right of the people to be secure in their persons, houses, papers, and effects, against an unreasonable search 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 be seized." The fourth amendment was set in place so that the police or any other law officials are not authorized to just come into people’s homes without permission and rummage through their personal belongings without the authority of a search warrant. Whether an individual is guilty or not or even appears to be guilty, without a warrant, police cannot go into their home and start looking and gathering evidence, unless there is probable cause, such as someone’s life may be in danger. If law officials were to go into their home and gather evidence without a warrant and attempt to use it in a court of law, could very much be ruled as inadmissible and the offender could end up being set free for their crime. In this paper, I will discuss and give details as to what is needed for police to get a warrant and under what circumstances they are allowed to enter a home without a warrant.
In May 2002, Andersen was prosecuted for obstruction of justice based on two main reasons. First, David Duncan, a former Andersen partner in charge of the Enron audit, destructed related documents to keep them out of the investigation. Second, Nancy Temple, an in-house attorney for Andersen, suggested the management to pay attention to the document retention policy. The jury convicted Andersen and believed David Duncan was corruptly persuaded to impede the integrity of the justice proceedings. In 2005, the Supreme Court overturned the conviction of Andersen based on flawed jury instructions.
Without an unbiased panel of jury members, John Proctor’s trial was left solely to the magistrates. These magistrates were biased and relied on the word of the unreliable witnesses, and Proctor should have been represented by a defense attorney to simply cross-examine the children; thus the witness’ lies would be revealed and conflicting accounts would be made. Danforth though, mentions several times that Proctor did not need one: “The pure in heart need no lawyers.” (86). This proves to be untrue as Proctor exposes his actual crime of lechery to the court, but is still hanged for witchcraft. Accompanied with the flawed court, the judges were a major detriment to John Proctor’s case.
Why Prohibition was Repealed in 1933 On the 16th January 1920 the prohibition law was introduced, yet almost immediately people began to question whether or to this law would work. People were finding it too easy to break these laws as secret saloons called speakeasies opened in cities everywhere. Those who smuggled the alcohol were known as bootleggers. It was easy for people to smuggle the alcohol into America because of the large border. This caused violent crimes to spread throughout the USA.
'United States v. Jones ' the case where judge ruled the evidence obtained were by usurping Jones, hence not acceptable in the court. Jones was arrested by the use of GPS to track his activity for a month, without judicial approval (Body Politic, United States v. Jones). Since the fourth amendment provides protection for search and trespass, the method was direct violation of the constitutional right and Jones was set free from all the charges. Although Jones was found in possession of drugs and should be behind bars, officials should have followed proper protocol to rightfully arrest him. People like Jones should be punished, but being protected by the constitution the proper procedure must be
The United States constitution has formed in year 1776 with 1o amendments, and that is important to us is the 4th amendment search is seizes. The 4th amendment protects every person that lives in the United States who owns a house to be protected from unreasonable searches and seizures. The police of any law enforcement cannot just enter your house and take your belongings for evidence without a warrant. The 4th amendment protects people in their personal houses, paper and warrant should be issued unless there is a probable cause that is supported by oath is affirmation. To get into someone’s house for for search warrant for guns’ piece of paper that a warrant law enforcement should check places like closets and not jewelry boxes.
The Fourth Amendment also almost gives the idea that there should be no problem with a person leaving his/her door unlocked, for the fellow citizens should honor the space of one another. History The Fourth Amendment came almost directly from experience of the colonials. But it wasn’t introduced only as a fundamental right, but also as a major part of the English ideals as well. In England, ''Everyman's house is his castle'' was an honored phrase, enforcing the idea that it is not only is it a law, but a right that cannot be delegated by any government idea. There are two major cases where this idea was tried.
Most importantly, the information would be shared without a court order. While there is a need to shut down the financial resources used to further acts of terrorism, this legislation goes beyond its stated goal of combating international terrorism and instead reaches into innocent customers’ personal financial transactions. If the USA PATRIOT Act becomes a law, financial institutions would monitor daily financial transactions even more closely and be required to share information with other federal agencies, including foreign intelligence agencies such as the CIA. Section 358 requires that, in addition to law enforcement, intelligence agencies would also receive suspicious activity reports. These reports are usually about wholly domestic transactions of people in the United States, and do not relate to foreign intelligence information.
This is the role of the fourth amendment. It states, “ The right of the people to be secure in their persons, houses, papers and effects, against all 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 being seized.” Very few provisions of the Bill of Rights grew as much out of the experience of the colonials as the Fourth Amendment. When they adopted it, it insured the protection against the utilization of the “writs of assistance.’’ The colonists insistence on freedom from unreasonable searches and seizures as a fundamental right was slow in getting support in the Colonies, but it soon grew popular because of the numerous warrantless searches that took place for the colonists. There was a common strong belief that, ‘‘Every man’s house is his castle’’ The Fourth Amendment was in large part a reaction to the general warrants and warrantless searches that had upset the colonists and had helped to speed up the movement for independence. Due to the fact that many goods had been brought illegally into the colonies before and during the Revolutionar... ... middle of paper ... ...our privacy in our homes, effects, paper, and activities, which is needed for an individual in their every day lives.