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how the bill of rights affects us
essay about how the fourth amendment is upheld throughout history
essay about how the fourth amendment is upheld throughout history
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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",
The amendment involved in this case was the Fourth Amendment due to the protection of unreasonable search
The 4th Amendment is the right of the people to be secure in their persons, houses, papers, and effects,
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, 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 Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
The Fourth, Fifth, Sixth, and Eighth Amendments are part of the Bill of Rights which includes the first ten Amendments to the Constitution of the United States. These rights apply to the citizens of our great country. The Fourth Amendment covers search laws and has a significant impact on law enforcement procedures. If these procedural rights are not followed, there can be devastating consequences to the outcome of a case.
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
The Fourth Amendment is the basis for several cherished rights in the United States, and the right to the freedom of unreasonable searches and seizures is among them. Therefore, it would seem illegitimate- even anti-American for any law enforcement agent to search and seize evidence unlawfully or for any court to charge the defendant with a guilty verdict established on illegally attained evidence. One can only imagine how many people would have been sitting in our jails and prisons were it not for the introduction of the exclusionary rule.
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 Fourth Amendment was passed in 1789 and later ratified in December 15, 1971. The Fourth Amendment offers protection and prohibits unreasonable searches and seizures. When, how, and why these searches have taken place is protected under this law. An officer of the law would need a warrant to perform the search and has to have probable cause in order to search a person and their property. The Fourth Amendment is implicated in a search when someone is pulled over by the cops, when being placed under arrest, when officers enter the
The amendment that raises my own eye is the Search and Seizures Clause of the Fourth Amendment. Like most of the Bill of Rights, the Fourth Amendment has its origins in 17th and 18th century, English common law. Unlike the rest of the Bill of Rights, the Fourth Amendment's origins can be traced precisely it arose out of a strong public reaction to three cases from the 1760s, two decided in England and one in the colonies. Two cases from England, “Entick vs. Carrington” and “Wilkes vs. Wood”, involved plaintiffs who produced pamphlets criticizing the government. During the arresting, officials seized books and papers from the plaintiff’s property. A court agreed that the officers’ actions constituted trespassing. The third case occurred within the colonies and involved “writs of assistance,” which permitted officials to search for smuggled goods without specify which house or what goods.
It is a common known fact that the Bill of Rights serve as a type of contract between the government and the people that outlines the specific rights that each individual is entailed and the government cannot revoke those rights. The Fourth Amendment protects those accused of a crime by preventing officials from searching the home, property, or body of the accused without a valid reason or a search warrant. Despite being a crucial amendment in terms of the privacy and personal protection of an individual, the history behind the conception of the amendment and the history of the amendment in the modern day is not known to a majority of the American population.
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. Semayne’s Case and Entick v. Carrington.
The Fourth Amendment of the United States Constitution guarantees an individual’s protection against unlawful searches and seizures by law enforcement by providing that a search warrant with specific detailing information, based on “good faith” and probable cause, must be provided prior to investigation. By doing so, an individual may be secure that “his home is his castle” and his “person, papers, and effects” (The Constitution of the United States, Amendment 4) is protected as well.
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)
One of the most important amendments in the United States Constitution and which is also part of the Bill of Rights is the Fourth amendment. The Fourth Amendment protects people from being searched or arrested by police officers or any law enforcement without a reason. An officer may confront you and ask to search your house but if they don’t have a search warrant, they cannot legally pursue it without good reason and permission from a judge. Now what happens when a person is being arrested? Does the police or any law enforcement need a search warrant? The answer to that question would have to be no. This is where “Search incident to arrest” comes into play. Search incident to arrest (SITA), which could also be called the Chimel rule, is a
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.