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
The Fourth Amendment is the first line protection against the government and their officials from violating our privacy. The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place. This Amendment protects us in the following situations such as being questioned while walking down the street, being pulled over while driving, entering individual’s homes for arrest and searching of evidence while there. In most scenarios, police officer may not search or seize an individual or his or her property unless the officer has a valid search warrant, a valid arrest warrant, or a belief rising to the
The purpose for the Fourth Amendment is to protect people from intrusion of the government in areas where they have a reasonable expectation of privacy. It prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances. “The Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction. Surveillance and investigatory actions taken by strictly private persons, such as private investigators, suspicious spouses, or nosey neighbors, are not governed by the Fourth Amendment” (Criminal.Findlaw.com, 2013).
When it comes to Search and Seizure, allot of people think that law enforcement should not be allowed to search or seize property. I have heard many arguments against this subject, people stating that law enforcement officers go too far or have no right to search someone’s property such as their vehicle. Probable cause is more than a reasonable suspicion it requires that a combination of facts makes it more likely than not that items sought are where police believe them to be. In addition to establishing probable cause for a search, a warrant must contain the reasons for obtaining it, the names of people presenting the affidavits, what is specifically being sought and the signature of the judge issuing it.
1. The Fourth Amendment of the U.S Constitution says, “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: Search and Seizure was passed by Congress on September 25, 1789 and ratified December 15, 1791.
The Fourth Amendment to the United States Constitution was first introduced in 1789 by James Maddison, and was a part of the Bill of Rights which includes the first ten amendments. The Fourth Amendment was created and ultimately it was created to protect two things the right to privacy and the freedom against unlawful invasions. The exact wording of the Fourth Amendment is “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 person or things to be seized.”(“Fourth Amendment”). Now after reading
There are two legal terms “search” and “seizure”. The legal term search means to examine another's premises to look for evidence of criminal activity. Under the 4th and 14th Amendments it is unconstitutional for law enforcement officers to conduct a search without a "search warrant" issued by a judge or without facts which give the officer "probable cause" to believe evidence of a specific crime is on the premises if there is not enough time to obtain a search warrant. The legal term seizure means the taking by law enforcement officers of potential evidence in a criminal case. The constitutional limitations on seizure are the same as for search. Thus, evidence
All Americans are entitled to their rights. The Fourth Amendment states that we the people have to deny search and seizures from law enforcement without a warrant. The fourth amendment generally prohibits police from entering a home without a warrant unless the circumstances fit an established exception to the warrant requirement. According to the book The Constitution: Our Written Legacy by Joseph A. Melusky, the Fourth Amendment gives the right of the people to be secure in their person, houses, papers, and effects against unreasonable searches and seizures. Although we are entitled to these rights, police sometimes use and abuse their authority. In many cases, the Fourth Amendment has helped prove the innocence of one’s actions.
The Fourth Amendment of the United States Constitution applies to a person and their home by providing protection against unreasonable seizures and searches. While it provides protection, not every search and seizure can be deemed unreasonable unless it is classified as per the law, by determining whether there was: a) the level of intrusion of the individuals Fourth Amendment, and b) whether or not it pertains to the government’s interest, such as safety of the public.
The fourth amendment recognizes a right that is very important to many people: the right that protects one from searches and seizures without probable cause. This is the right that protects one’s privacy in some sense, but is overall a right that allows someone to be secure their personal belongings, including themselves,
The fourth amendment protects citizen’s right against unreasonable search and seizures. Law enforcement are required to show probable cause to be issued a warrant which grants law enforcement to conduct a legal search. There are a few exceptions when a warrant is not required, but probable cause is still needed.
The Fourth Amendment of the United States Constitution is one of the ten amendments that makes up the Bill of Rights. It established that people are protected against “unreasonable searches and seizures” of their “persons houses, papers, and effects” and that a warrant may be issued if probable cause exists and it must describe “the place to be searched and the persons or things to be seized” (HOW TO CITE THIS? U.S. Const., amend. IV)
The Fourth Amendment was purposeful to create a good constitutional relationship between U.S. citizens and frighten power of law enforcement. This Amendment has mainly three components. Firstly, its main intension is to maintain privacy by recognizing the rights of U.S. citizens to be “secure in their persons, houses, papers, and effects.” Secondly
In easier terms, the fourth Amendment was written to protect people from unreasonable searches and seizures, and if a search or seizure was reasonable government was now required to have a warrant issued from the courts in order to do so. In order for the courts to issue a warrant to search, which is usually a person’s home, or car, or even their work place, there must be probable cause. Probable cause must be “supported by evidence strong enough to establish presumption” according to the Merriam-Webster Dictionary. For example, if the court’s issue a warrant to search an individual’s they must lay details out on why and what can be searched.
The Fourth Amendment has limits on the government’s rights to search our houses and businesses and to seize documents and other personal effects. It requires that the government should have reasonable cause for the search and seizure. That is, there must be a proof to support the specific search. The main drawback of the Fourth Amendment is first, personal information is not safe in our homes or in our offices. Most of the laws allow police to get access from nongovernment databases without any