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.…
Our forefathers with great fortitude put together a document that would be forever known as the constitution. This document addressed the rights of the citizens of the newly formed states. One amendment has been a focal point of discussion in recent weeks with the leakage of NSA protocol. The fourth amendment states, “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…
The Fourth Amendment has been interpreted to: require that searches and seizures be reasonable; and prohibit warrants except those issued upon probable cause. However, as with any rule, there are exceptions. The exceptions to the warrant requirement will be discussed below.…
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)."…
As chairwoman of this Senate committee I must use my longstanding influence on this committee to navigate the amendments I support into law and prevent amendments that are not in the best interest of my constituency from becoming laws. I will implement strategy to stop 5 amendments submitted to this committee and support 5 additional amendments to be moved onto the Senate floor.…
Although the 4th amendment has been ratified with the Bill of Rights, it still seems to be constantly evolving with current opinions of the Supreme Court. Even in recent years, it appears that there are more loopholes developing through court case precedents which allows law enforcement to seemingly disregard the 4th amendment almost completely. In this cartoon it can be seen that law enforcement is able to disregard a citizens privacy rights with the permission of the Supreme Court.…
The Fourth Amendment is the most prolific source of constitutional litigation in American history, particularly with application to the states after its incorporation through the Due Process Clause of the Fourteenth Amendment. All the arrest that are made has to do with the fourth amendment, so that is something that has a big part in the arrests being made. Every search or seizures that are made by teachers, probation officers, police, airport security, or even a crossing guard are dealing with the fourth amendment. The Fourth Amendment is the constitutional sentry whenever someone's privacy is diminished by a governmental search or seizure. This protects them unless there is a reasonable suspicion or if there is a warrant. The Court declares,…
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…
The Fourth Amendment of the Constitution of The United States of America was added as part of the Bill of Rights on December 15, 1791. The Fourth Amendment deals with protecting people from searching their homes, and private property without properly executed search warrants. “Provides 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” (The History Behind the 4th Amendment). The Founders that put everything into place believed that freedom from government intrusion to a person’s home was a natural right for the people as well as a fundamental to liberty.…
Their will certainly be new amendments added to the bill of rights because their is never a limit to any laws that can be created, especially in our world that is constantly changing. Ever since the bill of rights has been formed their has been adaptations and changes made for every era the U.S has been in. You can never accurately predict what amendments would be made until they are in the process or potential of being made. Maybe their would be amendments made on sexuality or immigration. I choose these because these increasingly popular issues that are being reformed in the 21st…
The 4th Amendment is extremely important to our country. This amendment in the United States Constitution provides the right for people to be secure in their own person, paper, and home, protects against unreasonable search and seizures, and states that no warrant will be issued without probable cause. 4th Amendment laws are more strict than any other amendment, and leaves absolutely no wiggle room to allow changes. Despite these strict laws being in place the government is at war with Apple because Apple encrypts everything to make a very good security, and they say allowing the government into people's phones would be against the 4th Amendment. 4th Amendment laws are very important, and should be followed closely. The 4th Amendment helps…
The Fourth amendment guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. The interpretation and execution of the Fourth amendment in the courtroom however, is decided by the Supreme Court in an attempt to find a fair balance between individual and community interests. The exclusionary rule for example, is a Supreme Court precedent that holds police departments responsible for seizing incriminating information according to constitutional specifications of due process, or the information will not be allowed as evidence in a criminal trial. The question that arises in turn, is whether the exclusionary rule has handcuffed the abilities to effectively protect the community by the police, or if it has actually resulted in a positive police reform which needs to be expanded upon.…
The understanding of the Fourth Amendment in the U.S. Constitution and its relevance for searches and seizures is critical for any investigator, and it strikes a balance between individual liberties and the rights of society. Most importantly, the limitation on any search is that the scope must be narrow, if a search is not conducted legally, the evidence obtained is worthless. As a matter of fact, the exclusionary rule established that courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance to a case.…
The statement, “The Fourth Amendment protects people, not places,” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses, papers, and defends them against unreasonable searches and seizures. However, to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant, give the government strict to stipulations as to how they are able to rightfully obtain information that is presumed to be private. Although Searches, Seizures and Warrants seem to have simple guidelines, they are each intricate categories.…
The Constitution of the United States provides for a system of checks and balance among the legislative, judicial and executive branches of the government. There are 33 amendments to the United States Constitution that Congress proposed as ratification since the Constitution was in effect since 1789. The fourth amendment to the United States Constitution declares that people must be secure in their homes and their persons against unreasonable searches and seizures. Additionally, the fourth amendment is part of the Bill of Rights was adopted by Congress and became effective in 1791. The relationship the fourth amendment has to constitutional rights is having probable cause and any evidence obtained without a warrant, cannot be used in the justice system. The Fourth amendment was evident during a landmark case of Weeks vs. the United States in 1914.…