The Constitution: The Fourth Amendment Of The Constitution

1659 Words4 Pages

The Fourth Amendment of the Constitution pertains to search and seizure and exists in order to protect citizens of the United States from unreasonable inquiries and detainment. The exact wording of the Fourth Amendment is as follows: 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 (“Fourth Amendment”, 2014., p. 1371). The goal of the amendment is to rein in the potential abuse of authority by law enforcement and the court system and to express the right to privacy …show more content…

The Constitution, signed in 1787, established a new government and its legal structure after the success of the American Revolution. The first ten amendments of the Constitution, also known as the Bill of Rights, explicitly resulted from the experiences of colonists during British rule. The Fourth Amendment was in direct response to British authority’s exploitation of writs of assistance. A writ of assistance was a document originating in the courts that instructed law enforcement to enter someone’s home and to confiscate anything deemed as contraband. Though the main targets for such searches were tradespeople, a writ of assistance did not have to specify the person, place or thing law enforcement was to pursue, and it did not expire until six months after the king’s death (“Fourth Amendment”, 2014, p. 1372). The overly general nature of the orders and the amount of excessive power they provided to authority figures was a major factor in fraying colonists’ loyalty to the crown (“Writ of Assistance”, …show more content…

Though the requirement of a warrant is essential in order to initiate a lawful search and seizure process as detailed in the amendment, the Supreme Court recognizes that an increasing number of searches and arrests occur without the issuance of proper, documented approval (“Fourth Amendment”, 2014, p.1406). What follows is a list of exceptions to the Fourth Amendment. A warrant is not required for events where timing is crucial. During an exigent circumstance, an officer of the law would not have enough time to obtain a warrant in order to perform a search and seizure in accordance with the Fourth Amendment. The qualifying conditions of search and seizure during an exigent circumstance include that an officer has probable cause, that he believes there is risk of destruction of evidence, that people are in imminent danger or that there is a likelihood of a suspect fleeing ("Exigent Circumstances",

More about The Constitution: The Fourth Amendment Of The Constitution

Open Document