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Why is the Fourth Amendment important
Why fourth amendment is important essay
4th amendment analysis
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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
Justice Harlan’s reasonable expectations test in Katz vs. United States (1967) considers whether a person has an “actual (subjective) expectation of privacy” and if so, whether such expectation is one that “society is prepared to recognize as ‘reasonable.’” (Solove and Schwartz 99) If there is no expectation of privacy, there is no search and no seizure (reasonable, or not), and hence no Fourth Amendment issue. Likewise, we must first ascertain whether a search took place. A few questions from a police officer, a frisk, or the taking of blood samples do not constitute a search. (Solove and Schwartz 83; 86) Likewise, the plain view doctrine establishes that objects knowingly exhibited in a public area, in plain view for police to see, do not
In conclusion, the Constitution guards against tyranny in many several ways. The framers of the Constitution have established a very efficient government system that still protects America today.
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
...e protection of individual liberties as well as the expression of self interest were of the highest importance when creating the Constitution and a new system of government. The idea of separation of powers along with checks and balances, coupled with an encouraged environment of expression eventually led to the ratification of the Constitution with a Bill of Rights in 1791 and the birth of dual federalism.
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.
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.
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
are expected to tell the truth, even if that truth was to put you in
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.' (Encarta Online) In the court case of Katz v. United States it was said that, 'the 4th Amendment protects the people and not certain areas against search and seizure.' (Katz v. U.S.) Without this amendment people would have no claim over their personal privacy, or security. Any officer could enter homes and take any evidence that could be used to make an arrest or that could be used for prosecution in court.
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 has its roots in the heart of English common law. In 1604 in Seymane the English court recognized that no king had unlimited authority to enter into his subject’s home without invitation or a legal reason that had been followed by due course. Following this realization England faced an unprecedented rise in searches and seizures using general warrants. In the case of Entick v. Carrington the legal conclusion was reached that a search carried out in the name of the king was unlawful and lacked probable cause. Entick v. Carrington, the Supreme Court has said, is a “great judgment,” “one of the landmarks of English liberty,” “one of the permanent monuments of the British Constitution,” and a guide to understanding what the Framers meant in writing the Constitution (Boyd v. United States, 1886).
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
A search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present. Such a search or seizure is unconstitutional under the Fourth Amendment, and evidence obtained from the unlawful search may not be introduced in court.
“ The government is morally obligated to serve people and protect their rights such as life, liberty, and property. “ The Constitution had no effect against the Articles of Confederation. The Constitution was created to make a stronger central government to protect the rights of its people. The social contract protects the natural rights, while the Constitution protects every other rights, like adding an extra layer of protection. The writers intention of the Bill of Rights was to ensure the safety of citizens rights without them being violated. Most amendments apply in daily life, but it might not show. The First amendment, freedom of speech, amendment two, the right to bear arms, and amendment four, protects citizens from unreasonable searches and seizures. These three amendments are a major factor in daily lives for citizens.
The men who wrote the American constitution agreed with Thomas Hobbes that humans were naturally evil. Therefore, they agreed that in order to prevent a dictatorship or monarchy, the citizens should have influence in the government. The writers wanted a more ideal constitution, but they realized evil human motives would never change. One of the main goals of the constitution was to create a balanced government that would allow the citizens to prevent each other from being corrupt. The writers wanted to give citizens liberty, but they did not want to give people so much liberty that they would have an uncontrollable amount of power. The writers agreed that a citizen’s influence in government would be proportionate to that individual’s property.