4th Amendment Essay examples

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4th Amendment

In the late 1700's the 4th Amendment was written because of strong objections to the Writs of Assistance or general warrants. The Writs Assistance gave officials the right to enter any home and seize belongings without a reasonable cause. (Grolier Encyclopedia) The 4th amendment was ratified in the Bill of Rights on December 15, 1771. This amendment protects the people's right to privacy and security. (Encarta Online)
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
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(Encarta Online) In the case Horton v. California 1990, police entered a house with a warrant that was given to search the house for stolen jewelry. While searching the house they found illegal weapons in plain view. The officers seized weapons as well as the stolen jewelry. In 1990 the court ruled in the case, Greenwood v. California, the court approved a search of garbage that was left on the curb without a warrant. One other situation that an officer can enter a home and seize evidence is if there is an emergency and it is vital for he or she to enter. (History Channel Online) In the case Michigan v. Tyler, 1978, there was evidence that two furniture

dealers of committed a crime when the store was on fire.
While searching an automobile there is a different standard. For example, in the case Chimel v. California, the automobile was a ?movable scene of crime.? Evidence could be gone by the time a warrant could be issued. In California v. Acevedo, 1991, the court set down a rule that covers all automobile searches. It was ruled that, ?when ever police lawfully stops a car, they do not need a warrant to search anything in that vehicle that they do not have a reason to believe holds evidence of a crime.? (Grolier Encyclopedia)

As a result of Weeks v. United States, 1914, the court embraced the exclusionary rule. The exclusionary rule says that evidence gained as a result of an illegal

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