Preview

Government Essay

Good Essays
Open Document
Open Document
570 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Government Essay
Government Essay 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, 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." The fourth amendment gives the right to searches and seizures which states that anyone's private property cannot be searched without a warrant and a legitimate reason. I personally like this amendment because it give people privacy and protection. I am strongly for privacy and protection because I think that everyone deserves it. Since the United States Constitution has been created there have been many supreme court cases involving all of the amendments. Some of the supreme court cases involving the fourth amendment are:
Florida VS Riley: The case Florida vs. Riley is about a Florida county sheriff being told that a man was growing marijuana on his 5 acres of rural property. The greenhouse was the defendant's mobile home. Since the sheriff couldn’t see the greenhouse he got a helicopter and circled around the house and found marijuana growing. A warrant was obtained and marijuana was found in the greenhouse. Riley successfully argued before the trial court that the aerial search violated his reasonable expectation of privacy. The Court of Appeals disagreed, siding instead with the state, but the Florida Supreme Court agreed with Riley and overturned the Court of Appeals. I think that the supreme court made a fair decision in ruling this case because Riley's fourth amendment rights were violated.
California v. Greenwood:
In early 1984, Investigator Jenny Stracner of the Laguna Beach Police Department learned from various sources that Billy Greenwood might be selling illegal drugs out of his single-family home. In April, Stracner asked the neighborhood's regular trash collector to pick up

You May Also Find These Documents Helpful

  • Powerful Essays

    “The Fourth Amendment provides the people of the United States, the right 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 and things to be seized” (U.S Constitutional Amendments, 1972). The design of this Amendment is to create a type of barrier in order to protect individual rights to privacy, also preventing illegal search, and seizure of personal property. These search warrants are in…

    • 1424 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Cheetum Case Summary

    • 938 Words
    • 4 Pages

    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. Const. amend. IV…

    • 938 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    The Merit case of Fernandez v. California is seeking to determine whether the Constitutional rights of Walter Fernandez were violated under the 4th Amendment when law enforcement conducted a search of his residence upon obtaining consent from his girlfriend, who was also a resident, after Fernandez was taken into custody (and had stated his objections to the search while at the scene). In Georgia v. Randolph (2006), in a 5 to 3 decision, the Supreme Court held that when two co-occupants are present and one consents to a search while the other refuses, the search is not constitutional. This paper will provide a statement of the decision, based on current law, research and issues that the writer has determined the Court should make including an analysis of the constitutional principles, Court precedents, facts of the case, and other relevant information.…

    • 1691 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    In this case, criminal evidence was obtained by a means that was a violation of the 4th amendment, the protection against search and seizure. The incorporation of the Bill of Rights opened up the opportunity for these rights to be tried, as seen in these court…

    • 782 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    This is an extremely early case dealing with search and seizure, if not one of the first cases, in which the individuals being searched stood up for themselves because they felt the actions taken against them were unjust. However, since these cases are dated so far back in history it is hard to understand whether our founder fathers could have foreseen any problems with the amendment in the future, and everything that applies under the fourth amendment today. At the end of the eighteenth century this was dealing with pamphlets that the king did not like and tried to extinguish through tearing apart the “offender’s” homes. Is it possible however that even this amendment that was ratified at the end of 1791 can still be completely relevant in our modern society, or does this amendment need a face lift?…

    • 1527 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The Fourth Amendment states that "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 (Peak, 2006)."…

    • 687 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Govt201 Unit 1 Amendment

    • 446 Words
    • 2 Pages

    4th Amendment - Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate…

    • 446 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The reason the defense argued the initial search and subsequent seizure violated the Fourth Amendment of the men being accused is because the arresting officer did not have probable cause for arrest, and simultaneously did not posses a warrant to search the suspects. The court denied the motion to suppress the evidence, and inevitably found the men guilty. The defense appealed all the way to the Supreme Court, but the court held the original…

    • 572 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    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.”…

    • 1796 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    The Fourth Amendment protects three distinct rights. They are liberty, property and privacy. Taking into consideration along with research and survey, I believe that each of these rights are equally important. Together they provide for a complete and well-rounded way of life. Without liberty, our lives would be limited to what the establishment would allow and therefore, what privacy could we have without the right of choice. Property would have no value without the liberty to use it as I desire.…

    • 187 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    “The Fourth Amendment explicitly affirms the ‘right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.’ The Fifth Amendment, in its Self-Incrimination Clause, enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. The Ninth Amendment provides: ‘The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the…

    • 1390 Words
    • 6 Pages
    Better Essays
  • Good Essays

    14th Amendment Essay

    • 473 Words
    • 2 Pages

    “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…

    • 473 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The fourth amendment is the right for a citizen to be secure in their person, home and any of their property. It is established to protect citizens from unlawful search and seizures. Officers are required to have a warrant and only when they have probable cause.…

    • 693 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Essay On 4th Amendment

    • 1106 Words
    • 5 Pages

    Without the Fourth Amendment of the Constitution, America would be a very different place. The framers of the United States Constitution anticipated the necessity of an amendment that would protect citizens from a government that would potentially overstep its boundaries. The Fourth Amendment was included in the Bill of Rights as one of the guarantees afforded to all citizens protecting rights to privacy and illegal search and seizure. In today’s society with the new technologies for surveillance, the government is able to closely watch its citizens. It is questionable to some whether this is a violation of the fourth amendment. It is necessary to have an amendment in place that will protect citizens from a government that tends to overstep…

    • 1106 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Greenwood, Katz vs. U.S, and Whren vs. U.S. California vs. Greenwood was a case in which the Supreme Court of the United States held that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the premise of a home. What happen in this case was that an investigator had various sources saying that Mr. Greenwood sold illegal drugs out of his home. So the investigator asked the trash collector if he could bring the trash to her, and sure enough there was drug paraphernalia in the trash bags (Wikipidia). In the case of Katz vs. U.S. the issue was a warrantless search and seizure in a violation of the fourth amendment? The situation was as followed Katz used a certain phone booth for interstate bookmaking and those conversations were being tape by some agents and those tapes were used to convict Katz of federal crimes. However Katz contended that the interception of his phone calls were in violation of his fourth amendment rights, and the courts a greed and reverse Katz’s conviction stating that the search had not being pre-approve by the judge and was warrantless therefore illegal (Rutledge p.158). In the case of Whren vs. US the issue is can a traffic stop be used as a pretext to stop a vehicle for investigative purpose? (Rutledge p.167). Under cover narcotics officers saw a vehicle make two traffic…

    • 1186 Words
    • 5 Pages
    Better Essays