Importance Of The Fourth Amendment To The United States Constitution
The Fourth Amendment to the United States Constitution provides 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." In other words, it protects citizens from searches and seizures by the government that are not supported by probable cause or by a warrant that details what the extent of the search will be. However, this definition is rather vague and ambiguous, as evidenced by the various interpretations of the amendment over time. Originally, these privacy
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The doctrine stipulates that an individual does not have to retreat from violence, which is a requirement in some situations, when he or she is attacked while rightfully present in a location. It can allow for the use of force or of deadly force depending upon the circumstances of the situation. The Fourth Amendment is connected to the castle doctrine in that because an individual's residence is considered to be their "castle," it should not be subjected to unreasonable searches and seizures, in addition to the lack of a requirement to retreat from an …show more content…
United States first established the Exclusionary Rule; however, it was not until the 1961 case Mapp v. Ohio that the Exclusionary Rule was finally applied to state governments. The rule made inadmissible in court any evidence illegally seized by law enforcement while violating an individual's Fourth Amendment rights. It is an important facet in the evolution of the interpretation of the Fourth Amendment. Had the courts made admissible illegally seized evidence, it could have damaged the country's view on the integrity of the criminal justice system. Additionally, allowing illegally seized evidence would also undermine all the privacy protections afforded by the Fourth Amendment and would essentially make warrants unnecessary components for searches and
The doctrine stipulates that an individual does not have to retreat from violence, which is a requirement in some situations, when he or she is attacked while rightfully present in a location. It can allow for the use of force or of deadly force depending upon the circumstances of the situation. The Fourth Amendment is connected to the castle doctrine in that because an individual's residence is considered to be their "castle," it should not be subjected to unreasonable searches and seizures, in addition to the lack of a requirement to retreat from an …show more content…
United States first established the Exclusionary Rule; however, it was not until the 1961 case Mapp v. Ohio that the Exclusionary Rule was finally applied to state governments. The rule made inadmissible in court any evidence illegally seized by law enforcement while violating an individual's Fourth Amendment rights. It is an important facet in the evolution of the interpretation of the Fourth Amendment. Had the courts made admissible illegally seized evidence, it could have damaged the country's view on the integrity of the criminal justice system. Additionally, allowing illegally seized evidence would also undermine all the privacy protections afforded by the Fourth Amendment and would essentially make warrants unnecessary components for searches and