The Fourth Amendment
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Fourth Amendment to the United States Constitution
The Bill of Rights in the National Archives.
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it. The Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment. Text
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.[1] History of adoption
English law
See also: Entick v. Carrington
John Wilkes authored pamphlets critical of the British government. Like many other areas of American law, the Fourth Amendment finds its roots in English legal doctrine. Sir Edward Coke, in Semayne 's case (1604), famously stated: "The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose."[2] Semayne 's Case acknowledged that the King did not have unbridled authority to intrude on his subjects ' dwellings but recognized that government agents were permitted to conduct searches and seizures under certain conditions when their purpose was lawful and a warrant had been obtained.[3] The 1760s saw a growth in the intensity of litigation against
Fourth Amendment to the United States Constitution
The Bill of Rights in the National Archives.
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it. The Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment. Text
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.[1] History of adoption
English law
See also: Entick v. Carrington
John Wilkes authored pamphlets critical of the British government. Like many other areas of American law, the Fourth Amendment finds its roots in English legal doctrine. Sir Edward Coke, in Semayne 's case (1604), famously stated: "The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose."[2] Semayne 's Case acknowledged that the King did not have unbridled authority to intrude on his subjects ' dwellings but recognized that government agents were permitted to conduct searches and seizures under certain conditions when their purpose was lawful and a warrant had been obtained.[3] The 1760s saw a growth in the intensity of litigation against
References: 9. ^ Lasson (1937), p. 66 10 12. ^ Article X of the Virginia Declaration of Rights, Levy (1995), p. 161 13. ^ Levy (1995), pp. 162–164 14 21. ^ Tennessee v. Garner 471 U.S. 1 (1985) 22 40. ^ Andrews v. Fuoss, 417 F.3d 813 (8th Cir. 2005). 41. ^ Flippo v. West Virginia, 528 U.S. 11 (1999); California v. Acevedo, 500 U.S. 565 (1991) 42. ^ Carroll at 162 43 54. ^ INS v. Lopez-Mendoza, 468 U.S. 1032 (1984) 55 59. ^ Griffin v. Wisconsin, 483 U.S. 868 (1987); United States v. Knights, 534 U.S. 112 (2001) 60. ^ Burdeau v. McDowell, 256 U.S. 465 (1921) 61 63. ^ Oliver, 466 U.S. 170, 179 (1984) 64