Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested. 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
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. - It was not written out of spite, but out of experience. I personally feel like this is an issue that, had there not been a provision in the Constitution, would have created some serious issues with the colonists. The Fourth Amendment also almost gives the idea that there should be no problem with
The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States
many ways the fourth amendment has been taken advantage of, being everything can be saved on web sites "When I search the Web, I've shared it with the Web Company, when I send an email, I've shared it with the email service." Says David Cole, a lawyer who teaches constitutional law and national security at Georgetown University. All of that information has lost its constitutional barriers, and without show illegal activity they can receive this information. In recent years, the Fourth Amendment's suitability
The Fourth Amendment was created to protect citizens and their privacy against certain types of government interference and the citizens right to privacy (Bohm and Haley, 2011). The Fourth Amendment provides citizens with protection against unlawful searches and seizures of property. In order for an officer to search a citizens person, home, vehicle for the purpose of locating evidence that officer is required to have a search warrant, a written order from the court directing them to search
In the American constitution the fourth amendment reads 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. The fourth amendment protects personal privacy and every citizen’s right to be free from unreasonable
2014 The Fourth Amendment. Society has the right to be protected from all criminal behavior, ever since the constitution was first created society has had this right, but the means used to restrict and control this criminal activity must be lawful and constitutional. No matter the hassle or strife, no one should be jailed without protection of their basic rights. Our right to keep people out of our homes and be left alone by the government is a precious freedom. This is the role of the fourth amendment
THE FOURTH AMMENDMENT The Fourth Amendment, protects people from unreasonable searches and seizures by the government. It is the basis for the establishment of an individual's right to privacy. It does not prohibit searches and seizures. It instead prevents those that would be unreasonable. In order to be lawful, a warrant must be judicially sanctioned. Probable cause must be attested to in the acquisition of a warrant to perform the search and/or seizure. And, the warrant must be limited in scope
Common Fourth Amendment Exception 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
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
The Fourth Amendment exclusionary rule has undergone a harsh and controversial development. This article not only critically analyzes the numerous alternatives and slight modifications to the exclusionary rule but the advanced by courts and commentators as well, (Schroeder, 1361). The article also puts emphasis on the alternative route of police policy making and a means to control official misconduct and violations of citizens rights. The exclusionary rule is one of the most significant defense
The Fourth Amendment to the United States Constitution was first introduced in 1789 by James Maddison, and was a part of the Bill of Rights which includes the first ten amendments. The Fourth Amendment was created and ultimately it was created to protect two things the right to privacy and the freedom against unlawful invasions. The exact wording of the Fourth Amendment is “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures
Government exists , it will stay that way. Without the fourth amendment the government would have limitless control over seizing property and spying on you at will. The fourth amendment essentially protects americans from unreasonable searches without a probable cause, while also keeping the state in check. The ultimate goal of this amendment is to protect people’s right to privacy and freedom from unreasonable causes by the government. The 4th Amendment to the United States Constitution was added as part
The Fourth Amendment to the Constitution states that individuals have the right to be secure in their persons, houses, papers, and impacts, against absurd searches and seizures, yet the issue close by here is whether this additionally applies to the ventures of open fields and of articles in plain view and whether the fourth correction gives insurance over these also. With a specific end goal to reaffirm the courts' choice on this matter I will be relating their choices in the instances of Oliver
Today, many Americans feel that the Fourth Amendment has been violated by the government, law enforcement officers, and many others with authority. The Fourth Amendment states that no American citizen will be subject to unjust searches and seizures. Which means that they are secure in their house, persons, paper, and effects. Many people believe the main reason the Revolutionary War was fought because of the fourth Amendment. John Adams said it was the catalyst that started the war. Before our Independence
The Truth About 4th Amendment Rights The government and how the people perceive the laws and rules of the land have differed for many years, nor have there been many agreements when it comes to the Amendments especially the fourth Amendment. The right to have privacy and without a warrant shall not be searched or seized. With the fourth Amendment, there is always controversy because of the different viewpoints and perceptions of the nine exceptions to the Amendment. This is clearly demonstrated
predicted how the world would change and how the amendments would be tested. Since the Bill of Rights was written the world has changed drastically. With advances in technology, that the founders of the constitution could have never predicted, many of the amendments are not applied in the same ways as they were when they were written. The Fourth Amendment in particular has changed very much. The modern forms of communication have tested the Fourth Amendment and the government 's responses. Since the Bill
the right to claim the Fourth Amendment’s right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures (Fourth Amendment). This right was violated in many ways through the following; the police officers watching
Both the fourth and sixth amendments are important to the United States Constitution. The fourth amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search 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 person or things to be seized” (Aberle 8). Meaning the public is safe from unreasonable
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