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4th Amendment Essay

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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 affirmation, and particularly describing the place to be searched, and the persons or things to be seized.' (Encarta Online) In the court case of Katz v. United States it was said that, 'the 4th Amendment protects the people and not certain areas against search and seizure.' (Katz v. U.S.) Without this amendment people would have no claim over their personal privacy, or security. Any officer could enter homes and take any evidence that could be used to make an arrest or that could be used for prosecution in court.
In order for police or any other higher authority to search and seize evidence from a suspect legally, it is required that a judge must grant a search warrant. (Encarta Online) The warrant authorizes the officer to seize particularly described items and to bring them before the court that issued the warrant. In common law, search warrants were used mainly to discover stolen property. In
modern law, they have a variety of items, including intoxicating liquors, gambling implements, counterfeiters' tools, burglars' tools, smuggled goods, obscene literature, narcotics, illegal firearms and any article the possession of which is a crime or which may be used in evidence. (Encarta Online) The warrant must specify the place where the search is to be made and the property to be seized. An officer cannot get a warrant from a judge in any circumstance. (Grolier Encyclopedia) The officer may have to give a reasonable cause. As ruled in the case of Illinois v. Gates in 1983, ?to establish probable cause, one must show a probability of criminal activity; a prima facie hearing is not required.? (Illinois v. Gates) The accused has the right to fight the grounds when the war...


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...de of the booth. After being arrested the court ruled that even though it was in a public place, he was making a private call. It was an illegal search. Now because of this case police now have to have a search warrant before using wiretapping. This applies to any and all people. (Katz v. U.S.)

Along with the first eight amendments, the 4th Amendment deals with personal freedom. (Encarta Online) The 4th Amendment protects citizens from being accused of a crime without probable cause. Citizens of the United States of America deserves and maintains the right to privacy and security in their own homes.

Sources Cited:

Encarta Online. 2001. Microsoft Encarta Online Encyclopedia. 29 September
     2001. <http://www.encarta.msn.com/>.

?Illinois vs. Gates.? Ed. Ralph B. Strickland, Jr. Sept.1994. North Carolina Justice
Academy. 30 Sept. 2001. <http://www.jus.state.nc.us/NCJA/legsep94.htm>.

Grolier?s Encyclopedia. CD-ROM. 1996 ed. New York: New York City, 1996.

?Katz vs. U.S.? 1967. <http://home.twcny.rr.com/pistolpete/katz.html>.

History Channel Online. 2000. Columbia University Press. 30 Sept 2001.
     <http://historychannel.com/>.


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