History Of The 4th Amendment Essay

History Of The 4th Amendment Essay

Length: 1516 words (4.3 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

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...


... middle of paper ...


...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.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

4th Amendment Essay

- 4th Amendment 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) 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 affi...   [tags: Government Constitution Amendments History Essays]

Better Essays
1098 words (3.1 pages)

Nsa Surveillance Methods Violate Fisa And The 4th Amendment Essays

- FACTS: In the aftermath of the terrorist attacks on September 11th 2001, President George W. Bush established the National Security Agency (NSA) to conduct investigations and establish an “early warning system to detect and prevent another catastrophic terrorist attack”. However, in 2005 the New York Times reported that the NSA was surveilling the international communications of people residing within the United States. President Bush asserted that he was within his constitutional rights under Article II and the AUMF to conduct such investigations....   [tags: George W. Bush, President of the United States]

Better Essays
834 words (2.4 pages)

Essay about Search and Seizure

- Search and Seizure In Great Britain, before America was one, British soldiers were allowed to enter a person’s house without any probable cause to tear up the house looking for untaxed goods. The fourth amendment was made to keep innocent people from having their houses destroyed under false pretences. Now in order for a law enforcement officer to enter and search a house legally they must have a court order signed by the judge. The fourth amendment gives people the right to have their own legal privacy....   [tags: Fourth Amendment]

Free Essays
434 words (1.2 pages)

The Fourth Amendment Essay

- Article VI 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 Preface I choose the fourth amendment for two reasons: - It recognizes a right that, inevitably, cannot be taken away from a person....   [tags: essays research papers]

Better Essays
950 words (2.7 pages)

The United States' has Been Divided in their Beliefs about Black Americans Throughout History

- In the 1800’s America was a divided country between the north and the south. Both sides have very different views against many things but the most important thing would be the issue of black African-Americans. Although there were some people in America that tried to create a fair and of good standard life for both white and black people. There were also the other people in the white society that believed that white people are better than black people. Because of this split opinion did America really deserve the title of “the land of the free?” We know that slavery had been a part of the American way of life for a long time, but on 4th of July 1775 the declaration of independence had being si...   [tags: african american, black history]

Better Essays
1946 words (5.6 pages)

Essay on The Bill Of Rights Of The United States

- The bill of rights was established to Americans to protect them from the government, to ensure that there would be no confusion where the line stood. One of those rights is the 4th amendment which states per constitution, “The right of the people to be secure in their persons, houses, papers, and effect, 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.” Because the rules of the land are so important in protecting the people, the criminal justice system has to abide by the rules stated....   [tags: Fourth Amendment to the US Constitution]

Better Essays
1331 words (3.8 pages)

The Marine Corps Should Have No Restrictions On Tattoos Essays

- Winston Churchill, President Theodore Roosevelt, and John Fetterman they all have something in common and that is tattoos. I am here to argue that tattoos can be view as freedom of expression, strong Naval tradition, and more importantly no hindrance on job performance. The Marine Corps should have no restrictions on tattoos. Over the past 50 years’ tattoos have continued to grow in popularity, yet the Marine Corps wants to place restrictions on their service members; claiming their policy is designed to help their service members to maintain a discipline appearance....   [tags: First Amendment to the United States Constitution]

Better Essays
1163 words (3.3 pages)

Analysis of the 4th Amendment Essay

- The Bill of Rights or the first 10 amendments to the Constitution was proposed to Congress in 1789 by James Madison in response to the Anti- Federalist movement that lobbied for an extended amount of rights that would further safeguard liberty. The 4th amendment in particular was drafted to acknowledge the abuse of the writ of assistance, a “search warrant” issued by the British government to search boats that were thought to contain smuggled material in Colonial America. The 4th amendment can be broken down into 3 parts: what activities are considered to be a “search” or a “seizure”; what is a probable cause for a “search” and “seizure” and finally, how violations should be dealt with....   [tags: The Bill of Rights]

Better Essays
643 words (1.8 pages)

Essay The National Security Agency: Invasion of Information

- Can you be sure that the government is not monitoring your every call and keystroke. The government has created a program under the National Security Agency that records the public’s usage of data and communications. In recent developments, the media has depicted the NSA as the ominous Orwellian Big Brother that is watching every move you make and thought you think. This is not far from the truth since your metadata from every call or online search is recorded, stored, and can be used to decode you as a person....   [tags: nsa, patriot act, metadata, fourth amendment]

Better Essays
2822 words (8.1 pages)

4th Amendment Violations Essays

- 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 4th Amendment only applies when certain criteria are met. The first criterion is that the government must be involved in a search or seizure via government action....   [tags: criterion, court, unlawful search]

Better Essays
1605 words (4.6 pages)