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The significance of having a constitution
4 importance of Constitution
What is the Fourth Amendment
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U.S Constitution: the Importance of the 4th Amendment
U.S Constitution (“Introduction”) is the document that establishes the fundamental laws of the country and gives the guarantee of the primary rights for all citizens. The Constitution has been improved several times since 1787, when it was signed in Philadelphia. These improvements are called “amendments”, and there are 27 amendments in the text of this document. Each amendment has its own significant meaning for American history, but the most important of them is the 4th amendment, because it gives the rights of great importance. This paper provides an explanation of the 4th amendment and its importance for the people of America.
The 4th amendment is the part of the Bill of Rights, which
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These warrants allowed the British authorities to search any home for any possible reason or for no reason at all. This fact caused great disaffection among the people of colonial America, because it violated their privacy. Later, the 4th amendment was ratified on 1791 in order to protect private life and freedoms of man. The framers of this law claimed that these searches of colonial era are unacceptable and …show more content…
Its supreme role in the Constitution is connected to the supremacy of personal freedom and private property. The main idea of this document now is that the unjustified intrusions of government into the property and lives of citizens cannot be tolerated. One of the vital rules, protecting privacy, claims that the police cannot search or seizure people and houses without warrant, which should be supported by the certain causes to justify it. However, searches without warrant are still possible, if the responsible person gives permission, if the search is performed during the lawful arrest or the reason to provide search is obvious and requires immediate action. These reasons refer to the persons as well as to houses or vehicles. The 4th amendment also establishes the “exclusionary right”, which means that the evidence, received by non-constitutional means cannot be used as a part of prosecutor’s case (Head, 2018). The officials could break this rule before the 1914 without being punished, when the exclusionary right was established, but nowadays the violators of this right have to pay the consequences for prohibited actions. The most sufficient role of this amendment, however, is in the restricting of the government’s procuration, so the citizens were sure that their personal rights and freedoms are
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
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
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 right to have trial by jury is an easy and simple right letting someone to be able to choose to have their fate be decide by a group of people with having different opinions from different minds letting them have a better chance of finding out the truth, because people have different perspectives in what they see. Which is also a very important right to the freedom we have and to our country. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Which defines as if someone gets charged over twenty dollars, then they’re able to ask for a jury to hear their side of the case before they lose their money and once the jury makes their decision they can not change it. This Amendment is important to our freedom because into the decision of the Farmers while they were writing on the Bill of Rights they thought it would only be fair to have an equal court system.
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 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 17th and 18th century, English common law. Unlike the rest of the Bill of Rights, the Fourth Amendment's origins can be traced precisely it arose out of a strong public reaction to three cases from the 1760s, two decided in England and one in the colonies. Two cases from England, “Entick vs. Carrington” and “Wilkes vs. Wood”, involved plaintiffs who produced pamphlets criticizing the government. During the arresting, officials seized books and papers from the plaintiff’s property. A court agreed that the officers’ actions constituted trespassing. The third case occurred within the colonies and involved “writs of assistance,” which permitted officials to search for smuggled goods without specify which house or what goods.
The Fourth Amendment came almost directly from experience of the colonials. But it wasn’t introduced only as a fundamental right, but also as a major part of the English ideals as well. In England, ''Everyman's house is his castle'' was an honored phrase, enforcing the idea that it is not only is it a law, but a right that cannot be delegated by any government idea. There are two major cases where this idea was tried. Semayne’s Case and Entick v. Carrington.
The Reconstruction Era, 1865 to 1877, was a period marked by a number of overridden President Johnson vetoes and a push for establishing basic rights and citizenship for African Americans. Along with this period of change came three new Amendments—the Thirteenth, the Fourteenth and the Fifteenth—which secured the rights of recently emancipated slaves. The Fourteenth Amendment was directed at the states to recognize and protect life, liberty and property and the rights outlined in the Bill of Rights. It transferred the federal power to the states, but also gave the federal government the right to oversee the states and enforce the Amendment. The most significant part, section one,
“The 14th amendment was added to extent (our) rights to the state level...and to ensure due process and equal protection to all citizens” states Document 1. The Bill of Rights also include, freedom of religion, freedom from self incrimination and due process, rights of accused persons, rights of trial by jury, and freedom from cruel and unusual punishments. Their purpose is to ensure the rights of the people, and limit the
“The Fourth Amendment wasn't written for people with nothing to hide any more than the First Amendment was written for people with nothing to say.” (Dave Krueger). The Fourth Amendment protects the people's values, including the right of privacy. The Fourth Amendment includes, “The right of the people to be secure in their persons, houses, paper, effects, against unreasonable searches and seizure, shall not be violated.” When the founding fathers created the Constitution they ensured the people fundamental laws that would be used to any issue portrayed in the Supreme Court. That gave the people a relief that no one is ever above the law that is created. The privacy of the people was a very big value enforced by warrants. In the case of the
The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property… nor shall private property be taken for public use, without just compensation"(Cornell). The clauses within the Fifth Amendment outline constitutional limits on police procedure. Within them there is protection against self-incrimination, it protects defendants from having to testify if they may incriminate themselves through the testimony. A witness may plead the fifth and not answer to any questioning if they believe it can hurt them (Cornell). The Bill of Rights, which consists of the first ten amendments to the U.S. Constitution, enumerates certain basic personal liberties. Laws passed by elected officials that infringe on these liberties are invalidated by the judiciary as unconstitutional. The Fifth Amendment was ratified in 1791; the Framers of the Fifth Amendment intended that its revisions would apply only to the actions of the federal government. After the Fourteenth was ratified, most of the Fifth Amendment's protections were made applicable to the states. Under the Incorporation Doctrine, most of the liberties set forth in the Bill of Rights were made applicable to state governments through the U.S. Supreme Court's interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment (Burton, 2007).
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.
The United State of America, established by the Founding Father who lead the American Revolution, accomplished many hardship in order to construct what America is today. As history established America’s future, the suffering the United State encountered through history illustrate America’s ability to identify mistakes and make changes to prevent the predictable. The 2nd Amendment was written by the Founding Father who had their rights to bear arms revoked when they believe rising up to their government was appropriate. The Twentieth Century, American’s are divided on the 2nd Amendment rights, “The right to bear arms.” To understand why the Founding Father written this Amendment, investigating the histories and current measures may help the American people gain a better understanding of gun’s rights in today’s America.
In September 25, 1789, the First Amendment protects people’s privacy of beliefs without government intrusion. The Fourth Amendment protects one’s person and possessions from unreasonable searches and seizures. On February 1, 1886 in Boyd v. U.S. Supreme Court recognized the protection of privacy interests under the Fourth and Fifth Amendments of the U.S. Constitution. In the 1890s, the legal concept of pr... ... middle of paper ... ...