History Of The 4th Amendment Essay

History Of The 4th Amendment Essay

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History of the 4th Amendment
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.
Accusations of criminal acts is not something that only appears in television or appears in modern times. Individuals have been accused of committing crimes since ancient civilizations and those accused will be punished, most notably those being punished under Hammurabi’s Code. Under this ancient system, those guilty would face a punishment that was considered equal to the crime they committed. Furthermore, the evidence that was used in these claims were probably very obvious and could easily be used to charge the criminal. However, as more complex civilizations developed people could not simply be immediately punished and instead authorities would need evidence to accurately accuse an individual of a crime. Before the creation of the Fourth Amendment, the authorities could simply enter a person’s home and search or seize anything that they deemed necessary or seemed to tie the individual to the crime (4thamendment.net). As a result, the evidence gathered was not always under consent of the accused and would not be considered legal in the modern...

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...h the Fourth Amendment may or not be violated; with the validity of fingerprinting it may soon be a valid practice (Jones 397).
The Fourth Amendment is sure to have its fair share of challenges as time progresses because technology is always advancing. Supreme Court cases show how individuals are starting to question the basic rights granted to us by our founding fathers. The modern criminal justice system shows how certain means of retrieving evidence are far more complicated than simply having law enforcement officers show an accused individual a legitimate warrant that grants them access to search their home for evidence that connects them to the crime. The Fourth Amendment has a history tied with individuals expressing their dissatisfaction with the practices used by the government and is the best solution to level the playing ground between accuser and accused.

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