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Will We Follow Lincoln's Advice? The Fourth Amendment Essay

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“Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.” Abraham Lincoln made this statement in referring to the emancipation of the slaves. Even though the statement has nothing to deal with the Fourth Amendment, or the Search and Seizure laws within the Constitution, what is stated still brings about a good point relating to the Constitution. The fact being brought out of this quote is that the Constitution’s purpose is to safeguard Americans’ liberties. Along with great points brings questions regarding the quote. Should individuals interfere with the Constitution, more specifically the amendments and rights pertaining to search and seizure laws? In today’s society, the current laws pertaining to search and seizure allow too much protection for the criminal and not enough recourse for the investigating officer.
The Fourth Amendment is the component of the Constitution, which protects a person’s individual rights pertaining to his person and property. The Fourth Amendment is directly stated as follows:
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. (Fourth Amendment 1)
In the Constitution, the Fourth Amendment has proven to be the most productive source in Constitutional proceedings in American history. It has been at the core of many Supreme Court cases formed and made famous through the Amendment (Meese 3). The founding fathers based the Fourth Amendment a...


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... of that, the closet should not have been opened. No matter the validity of the defense statement, the state will argue that the investigating officer was not attempting to find the refrigerator and opened the closet in effort to discover “suspect A”. The State would also agree in terms of noting the reasonableness of the officer’s action to be supported by “suspect A’s” location (Baker 7). Unfortunately, the judges may side with the defense. If the other stolen kitchen appliances had been out in plain view of near the refrigerator, there would be a strong possibility that there wouldn’t be any argument (Baker 7). This is another example of how the fourth amendment may help the criminal in their trial. The investigating officer clearly discovered evidence of illegal actions, but still had to go through complications in order to find “suspect A” guilty.





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