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Importance of the 4th amendment
Relevant case of the fourth amendment
The fourth amendment violation
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The constitution is the cornerstone to how the U.S. operates legally, unfortunately many times the government attempts to find loopholes and skirt around these pillars of America. An easy example is the 4th amendment, “protection from unreasonable searches and seizures”.
Constantly the government and law enforcement attempt to push back the line of what the 4th amendment covers. A recent example is “stop-and-frisk” or the “Terry Stop”. This law allowed officers in New York City and other places in the country to stop people on the street based on “reasonable suspicion”, instead of a warrant, and search them for weapons and other criminal activity. While this law was ruled constitutional, I personally disagree with the court ruling. An officer
can say that they search someone due to probable cause and reasonable suspicion, but a lot of times this leads to profiling and unjust searches. The founding fathers did not intend for such laws to be created. Some would argue that that the constitution is living and we interpret it based on the current times, while I do agree with this, “stop-and-frisk” is not a healthy interpretation. Other examples include the FBI and CIA spying on citizens through the web, and illegal searching of homes and cars by police. A common phrase tossed around is that “if you have nothing to hide, you have nothing to worry about”. But that is not the point; it is the principle and our rights as citizens. The government is playing a dangerous game with the American citizens. When a government infringes on the privacy of its people, even if it’s for protection, they lose trust in the government, feel unsafe for fear of always being watched, break the social contract, and view the government in a darker almost dictatorship light. The 4th amendment is incredibly essential for the relationship between the American people and its government, making it the number one amendment.
After the Revolution, the country was left in an economic crisis and struggling for a cohesive path moving forward. The remaining financial obligations left some Founding Fathers searching for ways to create a stronger more centralized government to address concerns on a national level. The thought was that with a more centralized, concentrated governing body, the more efficient tensions and fiscal responsibilities could be addressed. With a central government manning these responsibilities, instead of the individual colonies, they would obtain consistent governing policies. However, as with many things in life, it was a difficult path with a lot of conflicting ideas and opponents. Much of the population was divided choosing either the
The 4th Amendment is the right of the people to be secure in their persons, houses, papers, and effects,
The way the police officer Martin McFadden had ignored the fourth amendment in order to catch John W. Terry & Chilton that was planning to rob a store and so the officer had stop and frisk the two suspect in which McFadden had found a concealed weapon which was a .38 caliber pistol and had two of the gun on them and so that they were charged by that ignoring the fourth amendment to find that the two were going to rob the place but also McFadden had frisked a person. Terry sentenced to 3 years, Chilton had served 13 months.
There are records of many cases that has created controversies over reasonable or unreasonable searches and seizures. As stated in the fourth amendment,
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 Charter of Rights and Freedoms is the strong foundation for the diverse country of Canada. They uphold various beliefs and values Canadians may have. Under the constitution in 1982, the CRF (Charter of Rights and Freedoms) was entrenched by then Prime Minister Trudeau. The CRF has 4 rights; Equality, legal, democratic and mobility, there is also 4 freedoms; of Conscience and Religion, of thought, belief, expression and media, of peaceful assembly, and Association. If people feel that their right and/or freedom has been violated, they can go to court by using a “Charter Challenge. ” A charter challenge is when something inequitable or unfair has been done, the citizen can pursue the court case stating that something violated their rights and/or freedoms. All the rights and freedoms help
The idea of a strong central government will end only in tyranny, with a king as its ruler. We have learned a small, state governing, government, is much more flexible and fitting for a country still grasping for its footing. If America is going to become as great as the founding fathers of our countries wished, we cannot ratify the constitution (text, pg. 159).
According to the Fourth Amendment, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Without the Fourth Amendment, people would have no rights over their own personal privacy. Police officers could just enter people’s houses and take anything that they could use as evidence and use it against them. With the advancement in today’s technology, it is getting more and more difficult to define what exactly privacy is to us, and whether or not the Fourth Amendment protects it.
The Fourth Amendment provides people with the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Courts have long recognized that the Forth Amendment protected individuals from unjustified police intrusions into one’s person, home, car, or other possessions, but few practical protection mechanisms existed. To preserve these constitutional guarantees, the Supreme Court established standards by which police officers must abide. One such protection has been the probable cause — a belief that the person committed, is committing, or is about to commit a crime. In order to uphold an arrest or seizure, courts have required a probable cause combined with either a warrant or circumstances
It is a common known fact that the Bill of Rights serve as a type of contract between the government and the people that outlines the specific rights that each individual is entailed and the government cannot revoke those rights. The Fourth Amendment protects those accused of a crime by preventing officials from searching the home, property, or body of the accused without a valid reason or a search warrant. Despite being a crucial amendment in terms of the privacy and personal protection of an individual, the history behind the conception of the amendment and the history of the amendment in the modern day is not known to a majority of the American population.
“Many opponents have come to see the patriot act as a violation of the fourth amendment to the U. S constitution.” (Belanger, Newton 2). The side effect of the patriot act is that it weakens many rights. This act weakens the fourth amendment which is our privacy protection. The fourth amendment allows citizens to be protected from unreasonable searches without a warrant. The police search suspects mainly because of their race or ethnic group.
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.” Despite this right, multiple minorities across the country suffer at the hands of police officers through racial profiling; the singling out of a person or persons as the main suspect of a crime based on their race. Many people have also suffered the loss of a loved one because police believed the suspect to be a threat based on their races therefore the officers use their authority to take out the “threat”. Although racial profiling may make sense to police officers in the line of duty, through the eyes of the public and those affected by police actions, it is a form a racism that is not being confronted and is allowing unjust convictions and deaths.
“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 legislative, executive, and judicial branches represent the constitutional infrastructure foreseen by the Founding Fathers for our nation 's governing body. Together, they work to maintain a system of lawmaking and administration based on checks and balances, and separation of powers intended to make certain that no individual or embodiment of government ever becomes too controlling. America is governed by a democratic government or a democracy which is a government by the people, in which the power is established in the people themselves. The people then elect representatives who carry out their power in a free electoral system. The United States government’s basic claim is to serve the people and only through a combined effort can we
The Federalist papers, written by Alexander Hamilton, James Madison, and John Jay, were a collection of newspaper articles written in the late 18th century, a period somewhere “between October of 1787 and August of 1788”. The purpose of these articles was to persuade the Americans to ratify the new United States Constitution. Hamilton, Madison, and Jay discuss the strengths and the pros of the newly written Constitution. Their arguments were very persuasive, and they were successful in swaying the public opinion toward ratification. They were Federalists, meaning they believed in a strong central government to protect individual rights and maintain stability.