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Why is the Fourth Amendment important
Essay about how the fourth amendment is upheld throughout history
Essay about how the fourth amendment is upheld throughout history
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Article VI 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.” –U.S. Constitutional Amendments Preface I choose the fourth amendment for two reasons: - It recognizes a right that, inevitably, cannot be taken away from a person. - It was not written out of spite, but out of experience. I personally feel like this is an issue that, had there not been a provision in the Constitution, would have created some serious issues with the colonists. The Fourth Amendment also almost gives the idea that there should be no problem with a person leaving his/her door unlocked, for the fellow citizens should honor the space of one another. History 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. Semayne's Case Accused of denying access to officials, Semayne exercised the right of a homeowner to defend his ...
The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, 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 searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine.
In America the Amendment 1 of the U.S. Constitution gives the American people the right to peaceably assemble and to petition the Government for a redress of grievances. Most notably Amendment 1 is known for and most often cited as giving the Freedom of Speech. Even before this amendment was ratified people in the U.S. were protesting, as in the Boston Tea Party. Protesting has been a way to effect change in America. A question to ask is this: is there a right way or wrong way to protest.
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 Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v. Greenwood (1988) which deal directly with the question of whether a person can have reasonable expectations of privacy as provided for in the fourth amendment with regards to objects in an open field or in plain view.
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.
Rehnquist, William H., Brennan, William J. "A Casebook on the Law and Society: What Rights
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.
... liberties so inflicting upon one and another from person to person seems like a useless loop. The government is supposed to provide for the people, and the Fourteenth Amendment is so universal that, even when written in 1860s, it has served as a cornerstone for some of the most significant cases in United States History.
“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
are expected to tell the truth, even if that truth was to put you in
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.
Do you know the reasons that The 4th amendment was put into place? It was put in place by the Framers of our country. The cause of this amendment was due to the British tax collectors going door-to-door performing questionable searches and seizures. Their ethics to collect the taxes went unchecked until local peace officers were established to ‘assist’ in these collections. The 4th amendment