The Fourth Amendment Passed By Congress Essay

The Fourth Amendment Passed By Congress Essay

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The Fourth Amendment passed by congress in September 1789, and ratified again in December of 1791. It gave people the right to feel safe in their own houses, their castles. The Fourth Amendment gives people the right to be secure in their homes, their persons, that they cannot be subject to unreasonable searches and seizures. That no warrants shall be issued without any probable cause; and that in the warrant the places to be searched, or things to be seized must be clearly described and listed.
There are a couple famous cases which helped the Fourth Amendment to become passed, both here and in Britain. One is known as Wilkes versus Wood, and it happened in 1763. Wilkes sued the courts over agents trespassing, breaking of his locks, and the taking of all his papers from his personal home. He won because it was ruled that the only papers that should have been taken were those pertaining to the criminal acts, not every paper in his house. “Besides its general character, said the court, the warrant was bad because it was not issued on a showing of probable cause and no record was required to be made of what had been seized” (Justia Law)
While all of the Constitution is important, this is one of the more important parts in my mind. Simply because before this was added, police did not have to have a reason to come in to your house and search your property, or even to search your person. King George the Second passed so many tax collection laws that smuggling became very common place in America, it was common place to be stopped and harassed by the police because they wanted to make as much money off America as possible. Tax collectors were allowed to interrogate anyone they wanted to, and search and seizures of private property becam...


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...s incorrect. A jury found that both Officers Muehler and Brill violated Mena 's Fourth Amendment rights.
While I have never been on a jury, nor have I ever been a police officer outside of the military, I honestly cannot believe that her Fourth Amendment rights were violated. She knowingly lived in a house with gang activity, and then got upset when SWAT came in, detained her, and questioned her on her immigration status. To me it seems that if you live in a house that has gang ties, you should expect that eventually you 'll be questioned by the police about why you live there and if you are involved in any activity that might be coming from the house. Police detain people on the scene for everyone 's safety, they didn 't detain her and make her stand in a corner while they searched the rest of the house, they allowed her to wait as comfortably as the could make it.

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