Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Fourth amendment analysis
Fourth amendment analysis
Legal considerations with the 4th amendment
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Fourth amendment analysis
The purpose of the Amendments was to protect people from being harmed or taken advantage of by various government groups. For each Amendment, is to outline the rights of people and an individual crime or issue and on the ways it can be handled. Many of the Amendments are there to protect the life, liberty, and safety of citizens. The Fourth, Fifth, Sixth, and Fourteen Amendments are all related to each other in the assuring the rights are adequately given to those individuals who are faced with criminal activities. Key Elements of Fourth Amendment: The Fourth Amendment pertains to the rights of the people in making sure that they are secure in their persons, their homes, their papers, and effects, from unreasonable searches and seizures, without being violated, and no warrants shall be issued, but with probable cause. It is backed by oath or affirmation, and with specific description of the place to be searched, and the persons or things to be seized. …show more content…
The Supreme Court has placed burden on the government with these two amendments in their actions which involve right to council, on how they are responsible to prove knowledge and intelligence regardless of origin. References Champion, D. J. (2009). Leading U.S. Supreme Court Cases in Criminal Justice: Briefs and Key Terms. Upper Saddle River, NJ: Pearson Education. Plesko, F. (2007). (im) Balance and (un) Reasonsableness: High Speed Police Pursuits and the 4th Amendment. Denver University Law Review, 0(1), 1. The Library of Congress. (April 20, 2015). 14th Amendment to the U.S. Constitution. Retrieved from https://www.loc.gov/rr/program/bib/ourdocs/14thamendment.html United States Government Printing Office. (2015, June). Amendment 5. Retrieved from
The 4th Amendment is the right of the people to be secure in their persons, houses, papers, and effects,
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
6. Neubauer, D.W. (2002). America’s Courts and the Criminal Justice System. Belmont, CA: Wadsworth: Thomson Learning.
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 US Constitution: 14th Amendment.” The 14th Amendment. N.p., n.d. . Rpt. in The U.S. Constitution. N.p.: n.p., n.d. N. pag. The 14th Amendment. Web. 18 Mar. 2010. .
Wikipedia. (2014, February 24). Fourth Amendment to the United States Constitution. Retrieved February 26, 2014, from wikipedia: http://en.m.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution
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 fourth amendment states, “The United States Constitution provides the right of the people to be secured in their persons, house, against unreasonable searches and seizures, and should not be violated, and no warrants should be issued, but upon probable cause sustained by Oath or affirmation, and specifically the place to be searched, and the persons or things to be seized.” (law.cornell, n.d.). With that being said, in order for the authorities to search and seize an individual, police officers must have probable cause that an individual has committed a crime, police officer must fill out a legal documentation with further details of what it intends to search and seize to receive a warrant, and lastly, they may proceed with
The fourth amendment gives every citizen a right to privacy. In the fourth amendment it clearly states that police or the government do not have the right to search citizens or their property with out having probable cause. What this really means is that everyone has a right to keep their property and their information to themselves. Its not something the government or law
The Fourth Amendment is important for many reasons. In this essay I will outline the historical origins of the Fourth Amendment and assess why its inclusion was so important to those considering ratifying the Constitution. I will also select a case in which a search warrant was used during an investigation. By outlining the case I will state my opinion about whether or not a warrant was necessary and how the search warrant contributed or did not contribute to the result in the case.
There have been common concerns in regards to the fourth amendment from colonial times till present day. From the original disputes with the British, to the evolution of warrants and when they are necessary, there are still unsettling feelings remaining. Back before America was a country of its own, colonists were continually subjected to raids by soldiers who were trying to find smuggled goods. British officials operated under writs of assistance, which were “general search warrants issued by superior provincial courts to assist the British government in enforcing trade and navigation laws” (Encyclopedia Britannica). The use of these were considered the utmost arbitrary abusement of power, and were outlawed in several states after independence was won from Great Britain. As years became centuries, the purpose of a warrant developed. Currently, in order for law enforcement to conduct a search of someone’s property, they need a reasonable basis that would lead them to believe a crime is being
"The uncensored, tantalizing, wondrous mind of the Internet shall be observed carefully. It is not so much about removing our privacy, it is about preserving our safety. Not having the government monitor search engines and ambitious websites is the error. With the constant threats of terrorism and our fate uncertain with the rise of murder rates and crime, we cannot afford not have them keep the Internet under surveillance.
Notably, this law does not apply in all circumstances such as when there is reason to believe that the item being sought will be removed before a search warrant can be issued. Furthermore, automobile searches are often conducted without a search warrant. The Fourth Amendment is important because it provides U.S. citizens with a sense of autonomy over one’s self without the thought of being unjustly invaded by government officials. Due to the regulations imposed by this law American people can feel safe to conduct their lives as they normally would, providing that they are living within the limitations of the law. As a member of the minority community this law is of particular importance because it serves to police the police by holding them accountable and preventing them from targeting certain groups of people. While racial profiling has not been completely banned, this law reduces the number of individuals who would be unjustly targeted based on demographics and race. A legal scholar may disagree with the Fourth amendment and argue that the submission of evidence obtained illegally or without a warrant should be admissible if there was probable cause for an arrest even if the arrest is not directly linked to the evidence found which produced evidence of further criminal activity. Such as in the case of Utah vs. Strieff.
The Fourth Amendment was created to protect citizens and their privacy against certain types of
Criminal procedures are intended to defend both the innocent and the guilty from aimless use of substantive criminal laws and from abusive treatment of law enforcement, the courts, or members of the justice system. The Fourth Amendment prohibits the government from conducting unreasonable searches and seizures while investigating criminal activity and building a case against a particular suspect. The right of the people to be secure in their persons, houses, effects, against unreasonable search and seizures, and no Warrants should issue, but rather upon reasonable justification, bolstered by Oath or affirmation, and especially depicting the spot to be sought, and the persons or things to be seized Law enforcement officers are endowed with