Preview

Arguments Against 4th Amendment

Good Essays
Open Document
Open Document
452 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Arguments Against 4th Amendment
Fourth Amendment Debate is this tantalizing?

The government official does not have the right to go on the man’s property without a warrant. In 4th Amendment, it specifically says “ 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” it means that a government official can not go on your property, car or phone without probable cause. According to the second video, it quotes “ I do not have to let you in without a warrant. When you get a warrant with probable cause and signed by a judge, I will let you in” it means that the person can not go on his property without a warrant signed by the judge. He did tell the people very nicely that he didn’t have to co-operate with them and did not have to let them in and he told the woman to get off his property the day before and she refused. The deputy says calmly “ I would feel if you have nothing to hide that you should let her go look on the property” ( U.S. Constitution 4th Amendment is Dead in America ) He did not do anything wrong.
…show more content…
That violates the 4th Amendment because she is violating his privacy and she could've taken photo that he did not approve of himself. I don't even think that there was a health violation because all he was doing was moving dirt around in his yard and what I can infer is that he live in a trailer home which means he was probably single and no one else lives there and he would know if there was a health violation. The government official just barged in on his property without a warrant and she is probably going to get sued for trespassing on private property

You May Also Find These Documents Helpful

  • Good Essays

    Does the police officer's use of the GPS without first obtaining a search warrant constitute an unreasonable search in violation of the Fourth Amendment?…

    • 420 Words
    • 2 Pages
    Good Essays
  • Good Essays

    -The fact that they had a warrant doesn’t mean they can go in with disregard to the procedure… the Constitution guarantees that the Gov. cannot enter your home w/o complying with…

    • 664 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Although an arrest warrant was procured against the petitioner, he claims that the evidence seized from his home was done so without a search warrant, violating his 4th Amendment rights.…

    • 4749 Words
    • 19 Pages
    Good Essays
  • Satisfactory Essays

    This work POL 303 Week 2 Discussion Questions 1 4th Amendment comprises solution of the following task: "What rights are protected by the 4th Amendment? Provide three concrete examples. Why are unreasonable searches forbidden? What factors determine whether a search is reasonable or not? Explain in 200…

    • 641 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    The Fourth Amendment of the United States Constitution requires that no search or seizure shall be carried out unless a warrant has been issued. The exceptions are: searches with consent, frisks, plain feel/plain view, incident to arrest, automobile exceptions, exigent circumstances and open fields, abandoned property and public place exceptions (Harr, Hess, 2006, p. 219).…

    • 310 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    The 4th amendment states that people have a right to have privacy. If a police officer or any law enforcement comes to your house without a warrant and seized something in your possession they broke a law. Something like this happened in 1984.…

    • 497 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Sometimes an arrest has to be made in a protected place such as someone’s home. Under the Fourth Amendment, people have the right to be secure in their homes (Hall, 2014). Therefore they are protected places and a warrant would be required to legally enter and make an arrest unless the officer could justify an exception (Hall, 2014). The Fourth Amendment also specifically states that an arrest warrant must be based on probable cause and supported by oath or affirmation (Hall, 2014). It further stipulates that people to be seized must be specifically addressed in the warrant (Hall, 2014).…

    • 397 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The 4th Amendment is a security blanket for those who were wrongfully suspected of being guilty. The Amendment states that one is safe in their own house, with their own property until the authority can provide a warrant. So where was the 4th Amendment when the Japanese were pushed out of their homes and into internment camps? The words of a man who experienced this atrocity first hand, George Takei, only further proves that the Japanese were denied this Amendment, “[American soldiers] stomped up the front porch and banged on the door. My father answered it, and the soldiers ordered us out of our home.” Pertaining to the 4th Amendment, the soldiers should have had a warrant, or at least an explanation to give to the family before telling them…

    • 295 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    This comment analyzes the history of the Fourth Amendment and the evolution of the private search doctrine. Specifically, it takes the reader through a history of the Fourth Amendment and the inception of the private search doctrine into how the Fourth Amendment is being upheld in today’s technology-driven world. In detail, this comment seeks to expand upon the defendant’s home presumption argument that the Sixth Circuit in United States v. Lichtenberger did not address.…

    • 74 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    To sue regarding an alleged Fourth Amendment violation, the plaintiff must have standing. Standing with respect to Fourth Amendment violations requires that the plaintiff have had a legitimate expectation of privacy at the searched location. A legitimate expectation of privacy must meet both the subjective and objective tests of reasonableness. The subjective test requires that the plaintiff actually and genuinely expected privacy, and the objective test requires that given the circumstances, a reasonable person in the same or a similar situation would have expected privacy as well. Reasonable suspicion is what they need to detain you. Probable cause is what they need to search. Slightly different burdens and a slightly different analysis (Law School, 2013).…

    • 602 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In my opinion, I believe that the 4th amendment is both good and bad depending on the circumstances. Sometimes there are people who blatantly have drugs that the cops can't frisk off until they have the warrant. By the time the police get the warrant, said suspect could have already gotten rid of the drugs. However, this also works the other way. Sometimes, the police search other people that they have false evidence on. Then this innocent person gets searched and it makes the searched person look bad in the future.…

    • 564 Words
    • 3 Pages
    Good Essays
  • Good Essays

    An influential government philosopher John Locke once stated, “Government has no other end , but the preservation of property.” The 4th amendment has an important part of protecting essential values. 4th amendment allows people to be secured in persons, houses, ext.Unless an issued search warrant ,probable cause or reasonable suspicion. For instance a precedent is Katz v Ohio this shows that the government can go too far with their search and seizure procedure.Today there are many cases in which the government is not using a search warrant when they are searching someone. Another reason is the writs of assistance case which established that the government does not take into consideration the 4th amendment for years the colonies got their ships searched and they were ran over by the government until the 4th amendment became a bill of right. How they established this case is they searched a ship for smuggled goods. I think that this is too far because they shouldn't be able to…

    • 718 Words
    • 3 Pages
    Good Essays
  • Good Essays

    I enjoy reading your post. I would say that one of the reasons the 4th Amendment is so important is that it is reflective of the Colonists' own experiences. The Colonists were outraged on many levels that British soldiers could enter their homes, seize their belongings, or search their property without any probable cause or authentic paperwork. The fact that warrant-less and groundless searches became so prevalent is one reason why the 4th Amendment strictly states that justification and authentication must accompany all searches and investigation of property and belongings. Another I would say that the 4th Amendment is important is that it represents a fundamental right of a person accused of wrongdoing in a legal sense. The 4th Amendment…

    • 162 Words
    • 1 Page
    Good Essays
  • Good Essays

    In most cases, the government can not enter my dwelling without a warrant. The Founding Fathers created the Bill of Rights to protect the American people from their own government. One specific amendment, the Fourth Amendment, requires the federal government to get a warrant, signed by a judge, stating the area being searched, the person they are searching, or what they are going to search. There have been various occasions where the Fourth Amendment’s been brought up in court. Some of them include with federal agencies, Supreme Court cases, corporations, and well-known people.…

    • 388 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Second Amendment is the most important and relevant amendment of the Constitution. The second amendment was established on December 15, 1791. If people didn’t have the right to bear arms, there would be no use for the other amendments. Such as; the Fourteenth Amendment. The Fourteenth Amendment gives the people the rights of a citizen. Taking away gun rights messes with the rights of a citizen. Also, the Fifth Amendment states the rights of a person. So gun control is violating the Fifth Amendment also. The Second Amendment states that the right to bear arms cannot be taken. Yet, people are trying to take gun rights away anyway.…

    • 905 Words
    • 4 Pages
    Good Essays