The 4th amendment of The Bill of Rights guarantees freedom from unreasonable searches and seizures. Henry David Thoreau once said, “That government is best which governs least," this statement is true because the more the government is involved, the more complicated life becomes for the people of the U.S. When government is too involved in something, it can soon becomes corrupt. The Safford Unified School District v. Redding was a case in 2009 where thirteen year old Savanna was suspected to have given prescription-strength ibuprofen to a friend in school, this resulted in the vice principal taking her backpack and searching for more pills. Nothing was found in Savanna’s backpack so she was sent by the vice principal to the nurse’s office to be stripped of all her clothes including her undergarments; again nothing was found. In this instance the school became overly involved for non-justifiable reasons which caused the situation to become corrupt. This is comparable to when the government and law enforcement is too involved in the citizen’s lives. It is of unjust law to search the American people without probable cause. The school strip searched Savanna illegally which …show more content…
Government could bust into your home and go through anything they wanted for no reason whatsoever. In countries where it is legal for law enforcement and government to search without probable cause, the people fear living everyday. The 4th amendment should never be infringed upon. Considering Immigrants leave their home overseas to become American citizens, America needs to remain as free as possible to ensure the citizens feel safe. This amendment is important because it regularly compels the government to follow and obey a clear standard when it comes to American’s privacy and the idea that we are always innocent until proven guilty, and that our privacy is protected first and foremost until there is reasonable
Abraham Lincoln became the United States ' 16th President in 1861, delivering the Emancipation Proclamation that declared forever free those slaves within the Confederacy in 1863. If there is a part of the United States History that best characterizes it, is the interminable fight for the Civil Rights. This he stated most movingly in dedicating the military cemetery at Gettysburg: "that we here highly resolve that these dead shall not have died in vain--that this nation, under God, shall have a new birth of freedom--and that government of the people, by the people, for the people, shall not perish from the earth. "The Declaration of Independence states “All men are created equal”.
... is one that a reasonable guardian and tutor might undertake.” And he concluded that given the mission of public schools, and the circumstances of this case, the searches required by the school board's policy were “reasonable” and thereby permissible under the Constitution's 4th Amendment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This amendment is the 8th bill of rights in the constitution of the United States of America. The death penalty is a direct violation of the constitution of the United States, and should be deemed unlawful by the Supreme Court. Although the death penalty shows justice at avenging the death of the innocent, it is not cost effective by being ten times more expensive than a criminal spending life in prison, and it violates the 8th amendment in the Constitution of the United States which is the supreme law of the land.
To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under
Redding became a starting case against unconstitutional searches of students where a girl had her backpack searched in the assistant principal 's office. After the official searched her bag, the school nurse’s office was her next destination, so the nurse and the administrative assistant could search her clothes and instructed her to shake out the elastic of her bra and underwear (Carpenter 86-87). The tragic part about this case is that it is not the first or final time a similar event has occurred. In the case of Jane Doe, “...or so she was called in this case…”, a student of a high school in Little Rock, Arkansas filed a case against her school (Dowling-Sendor 46). Dowling-Sendor tells of how the school regularly conducted searches of book bags and purses, and police officials would take any contraband found. Then any items found would become evidence for a prosecution (46). When school officials searched Jane’s bag, they recovered a container full of Marijuana, and its purpose was to convict Jane Doe on a drug misdemeanor charge. After being charged with this, Jane appealed to the 8th circuit because the District Court first dismissed her case. The court ruled in her favor in a two to one decision, claiming the search caused a violation of her rights. She had every reason to win because school officials search students at this school on a regular basis, and it is
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 4th amendment protects people from being searched or having their belongings taken away without any good reason. The 4th amendment was ratified on December 15, 1791. For many years prior to the ratifiation, people were smuggling goods because of the Stamp Act; in response Great Britain passed the writs of assistance so British guards could search someone’s house when they don’t have a good reason to. This amendment gave people the right to privacy. “Our answer to the question of what policy must do before searching a cellphone seized incident to an arrest is accordingly simple - get a warrant.” This was addressed to officers searching people’s houses and taking things without having a proper reason. I find
On December 15, 1791 the Bill of Rights was ratified to limit the government 's power, but no one could have 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 of Rights was ratified, there has been constant change in the world and therefore all the amendments have been tested and questioned.
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. This action applies to conduct by government officials such as police, firemen, or an individual hired as a private actor of the government. After the first criterion has been met, the court must determine whether a search or seizure has occurred. A search is defined as the physical or technologic invasion of an area deemed by the majority of the court to have a reasonable expectation of privacy. These places could be homes or a closed telephone booth depending on the circumstances of the incident. A seizure occurs when the government takes one's personal belongings or the individual themselves.
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 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
We the people of the United States of America has the right to bare arms. So should the United States government abolish the right to own guns? The second amendment states, “ … Right to bear arms shall not be infringed.” Which means that all american citizens that meet the criteria to own firearms should and can obtain them legally. It is an outrage that our government is considering to abolish the second amendment because we as people needs to protect our families from terror, abolishing the second amendment will make the law-abiding citizens in America in a state of constant fear, Also, it will remove a large economic market.
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.
There are many key points within the first amendment, regarding to the freedom of religion, speech, press, assembly and the right to petition. According to the First Amendment to the Constitution it states Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances (“Bill of rights transcript text,” 2012). The U.S. Constitution is a very powerful and breathing document that has three main functions, which is important for everyone to know how the constitution works. Firstly, it creates a national government consisting of a legislative,
The Tenth Amendment was added to the Constitution of 1787 by James Madison due to the problem with its predecessor, the Articles of Confederation. In Article 2 in the Articles of Confederation it states, “Each state retains its sovereignty, freedom and independence, and every Power, Jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.” With states having too much sovereignty this caused an issue. Madison was a Federalist and believed that the federal government should have some control over states, therefore, he proposed the 10th Amendment. By the constitution getting rid of state sovereignty it meant Anti-Federalists fearing the possibility of a federal government with unlimited power. However, the states were able to compromise and ratify the Constitution under the agreement that powers not stated on it are reserved to the states or to the people. The 10th Amendment overall gives clarification that federal power is limited and that states or the have control on the issues not stated on the constitution. However, not everyone agreed to the 10th amendment. It was seen as