Differences Between The First And Fourth Amendment Of The Bill Of Rights

Citizens are protected by two constitutional amendments, under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises (including a vehicle), and any seizure of tangible evidence, must be reasonable.

The USA Patriot Act grants government agencies powers in terrorism investigations that it already uses in non-terrorist crimes. Several law abiding citizens have been approached, questioned, and interrogated without probable cause of any criminal activity, basically for engaging in political speech protected by the constitution (Bailie, 2012). The Act freely eliminates privacy rights for individual Americans, it creates more secrecy for government activities, which make it extremely difficult to know about actions the Government are taking.

“The people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches.” In the U.S. Constitution, Bill of Rights Article IV it states the right to privacy as follows, “ 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 probably cause, supported by Oath or affirmation, and particularly describing the place to be searches, and the persons or things to be

The US Patriot Act was a very controversial act that was created after the events of September 11, 2011. Although many sanctions under the US Patriot Act grossly violated the fourth amendment in several ways, congress felt it was necessary to protect the nation. Sections that violated the fourth amendment are: the sneak and peek warrants included in section 213, roving/warrantless wiretapping of section 206, and finally trap and trace searches of section 214. These are just a few of the many violations I can account for. The Fourth Amendment is part of the Bill of Rights that was added to the Constitution in 1791. It protects people from unlawful searches and seizures. This means that the police can't search you or your house without a warrant or probable cause. Are we truly willing to override the Constitution in the name of national security?

Although the Constitution gives us this freedom, there are instances when police and government violate it. For instance, a case concerning desecration of the fourth amendment is Mapp V. Ohio. This situation was taken place in Cleveland, Ohio and involved police entering a Citizen named Mapp’s house without a search warrant. The police entered Mapp’s basement because they believed he was involved in sheltering a suspected bomber. At court, Mapp insisted that her fourth amendment rights had been sullied and the high court said evidence was detained unlawfully. Without a search warrant, it could not be used in criminal trials. This case is a perfect example of our rights being dishonored by police. In conclusion, the court modified and

When the Bill of Rights was established, it was to ensure civil freedoms to all. Little by little these days, all of these rights are now gaining more and more stipulations that are restricting our rights as Americans. Due to the unrest of the world from all of the terrorism, it appears that our right to freedom of speech (Amendment I) and the right of the people to be secure against unreasonable searches and seizures is diminishing rapidly.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” Sound familiar? Well it should. That quote was a section of the Fourth Amendment to the United States Constitution. Those lines are one of the many things that set America apart from other countries around the world. It has protected us for centuries from “unreasonable searches and seizures…” made by anyone, including the government. This is all beginning to change with the inventions of the smartphone, computer, and even GPS. These inventions have possibly turned our world for the better, or maybe even for the worse.

“ 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 Patriot Act has voided many right granted by the Bill of Rights; the Fifth Amendment grants the right to due process and freedom from being held without charge and the Sixth Amendment grants the right to legal representation. In the United States Americans are now being held in jail without a formal charge and without the ability of confronting the witness. Under the Fifth Amendment every person is afford the right to due process. For example, Albador Al-Hazmi was an American Citizen who was held incommunicado for days as a material witness (p.131). Hazmi was denied due process and also held without representation of an attorney. The Sixth Amendment under the Patriot Act denied American’s legal representation for months and legal conversation

The Bill of Rights was created to give every citizen of the United States certain liberties and freedoms from the government. “Amendments 4 through 8 focuses specifically on the rights of criminals, from the arrest and detainment to the trial and conviction.” (Evans & Michaud, 2017) These 4 Amendments specifically point out what rules must be followed by law enforcement officials and the justice system when catching and convicting criminals. Basically, these 4 Amendments put certain restraints on law enforcement and the justice system making it harder on them to catch, prosecute, and convict criminals.

The Fourth Amendment was passed by Congress on September 25, 1789. However, it was ratified on December 15, 1791. The Fourth Amendment is part of the first 10 Amendments which form the Bill of Rights. The Fourth Amendment is made to protect people from unlawful searches and seizures. This means that the police can 't search a person’s house without a warrant or probable cause. The founders of the Fourth amendment believed that freedom from government intrusion into one’s home is a natural right and fundamental to liberty. The idea of this is to protected citizens from unreasonable searches and seizures.

In a legislative response to the 9/11 attacks, Congress almost unanimously passed the USA Patriot Act in October 2001. This legislation rendered against the Fourth Amendment and numerous more legal protections to permit law enforcement agencies to perform thorough searches without proper warrants. Searches that ranged from evaluation of financial transactions, cellular communications, and other intrusive tactics to reduce the possibly of another terrorist attack like 9/11. Although this act provided significant results in terms of reducing the threat of terrorism, it fails in the protection of basic human rights and the Constitution. Several hundreds of people were unjustly detained within the year following the 9/11 attacks, in suspicion,

The Patriot Act, an act passed by Congress in 2001 that addressed the topic of privacy in terrorist or radical situations, is controversial in today's society. Although it helps with protection against terroristic events, The Patriot Act is not fair, nor is it constitutional, because it allows the government to intrude on citizens' privacy, it gives governmental individuals too much power, and because the act is invasive to the 4th amendment right. To further describe key points in the act, it states that it allows investigators to use the tools that were already available to investigate organized crime and drug trafficking, and it allows law enforcement officials to obtain a search warrant anywhere a terrorist-related activity occurred.

The Patriot Act violates civil liberties by enabling unwarranted wire tapping leading to abuse by authorities, under the pretense of curbing terrorism. Although it's unknown how far reaching the abuse really goes, information concerning the unconstitutional violation of civil rights by the NSA, DEA and other security administrations is constantly being revealed by the media. Legal experts have suggested that the USA PATRIOT Act erodes elements of several of the Bill of Rights to the US Constitution. This includes the First Amendment (freedom of speech and assembly), Fourth Amendment (freedom from unreasonable search and seizure), Fifth Amendment (right to due process of law), Sixth Amendment (right to speedy, public, and fair trials, right

The rights of the people in America should not be infringed upon because these rights are guaranteed. And if abused, it not only infringes the rights of the people, but also diminishes the moral code of citizens of the United States. Furthermore, the civil rights that have protected people from the government now seem like they are being taken away from the government itself. The government has given itself the privilege to tap our phones, read and scan emails, access bank accounts, invade homes, and detain someone indefinitely. All of this is happening without any prior legal courses of action or our knowledge. This right to privacy, a fundamental liberty that is implied by the fourth amendment in the U.S. constitution, continues to be infringed upon by the government.