Essay On Fourth Amendment

The Fourth Amendment of the Constitution was ratified in 1791 and is an important amendment in the Bill of Rights. 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 persons or things to be seized” (Charles Wetterer). The issue of searching and seizing first originated in Britain in the mid-1700’s where British officers had general warrants to search citizens. While this became an issue for citizens in Britain, it became apparent also in the colonies where British soldiers were searching with only general warrants. Many citizens believed it was an invasion of privacy. So after independence from Britain, and the failure of the Articles of Confederation, the Constitution was produced. George Mason, an important political figure in Virginia, had written the Virginia Declaration of Rights, and he and other delegates believed the primary purpose of the government was to protect the rights of its citizens. To further that, he believed citizens had the right to be secure from unlawful searches and seizures. Once the idea of the Bill of Rights came into play, the Fourth Amendment was also created. The Fourth Amendment actually guarantees two things: You cannot search or seize unless you have a warrant and a

The Fourth Amendment is important not only to the citizens but for our law enforcement as well. The Fourth Amendment is still evolving today, as common and statutory laws change so does our Fourth Amendment. This amendment has come a long way and will continue to serve us in our best interests for as long as we live, whether we agree of disagree.

The Fourth Amendment provides, "[t]he 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 was the result of the abuse of power by the British crown and its officers. Writs of assistance in the form of general warrants were issued at will to search and seize whatever officers wanted without legal grounds. These flagrant disregards of the colonist’s privacy along with other abuses were the impetuses that lead to the American Revolution. After winning independence, the United States Constitution and the Bill of Rights emerged. Later the ratification of the Fourth Amendment made general warrants and the likes illegal.

The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. These pamphlets however ridiculed the king and his ministers. After finding this out the king issued warrants to have the pamphleteer’s homes ransacked and stripped of all their books and papers. Even back then the pamphleteers knew that their rights

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

In the Fourth Amendment of the U.S Constitution provides privacy as it states in the Constitution “the rights of the people to be secure in their persons, house, 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.” this amendment assures you how you have the right to your privacy a personal life or just technology without a search warrants. The Fourth Amendment was added to the Bill of Rights because it deals with the privacy for the individuals and because the people have the right to feel secure in their house or while using their technologies. There has been many court cases regarding the rights that the Fourth Amendment provides. For example in the article “Creating a Fourth Amendment loophole” talks about how there was a policeman who suspected drugs in an apartment and kicked the door open without a search warrant. When they

According to the United States Constitution and the Bill of Rights, the Fourth Amendment can be best defined as an amendment providing 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 (Fourth, 2012). In general terms, the Fourth Amendment protects from illegal searches and seizures performed by governmental agents. In 1763, William Pitt stated that under any circumstance or living condition, whether the roof was falling in or the walls allowed wind through, even the King of England was not allowed entrance into ones home (History, 2016).

The Supreme Court began to erect modern Fourth Amendment law in the late nineteenth and early twentieth centuries, recognizing police discretion but with the exclusionary rule at its center. The provision that became the Fourth Amendment was ratified in 1791 and states 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 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 does not entitle absolute protection, but rather a reasonable protection. Said protection not only applies to material objects, but also individuals themselves (Schmalleger 2009).

The Fourth Amendment is the right for people to be secure in their homes, papers, and effects against unreasonable search and seizure. The amendment also states that warrants will not be issued unless they are issued under probable cause. This amendment is the biggest factor in the case of Omaha Herald v. Police, however, this case cannot as easily be defined by the Fourth Amendment can be and there are arguments and cases which can be made for both sides.

The 4th Amendment really helps with abuse from the government. It says that the governments cannot search unreasonably through your stuff. Like, they cannot stop you when you're walking down the sidewalk, grab your backpack, and start looking through it. With the 4th Amendment, they cannot abuse you and look through your stuff without having the appropriate warrants and authority to do so.

The Fourth Amendment was added on December 15, 1791, and ensured that it would protect citizens from arbitrary invasions, unlawful detainments, and a citizen’s right to privacy in the United States. Throughout modern America, the Fourth would should up in various landmark court cases around the country and establish itself as one of the most fundamental rights a person can possess. Citizens have the right to feel safe in their homes, as well as being safe around their own town, but what would happen if you were not at your residence and police wanted to search your home? This can be seen in the court case Weeks v. United States.

The English citizenry faced an unprecedented rise in searches and seizures using general warrants (Search and Seizure- The Fourth Amendment: Origins, Text, And History, 2014).

The rationale for this amendment was in response of the colonist’s experience with the search and seizure practiced by employed by English officials. Under the authority of King of England officials were able to arbitrarily enter and search homes. The Fourth amendment was drafted in memory of the unreasonable, intrusive searches and seizures experienced by the colonist in the privacy of their homes.

America’s Founding Fathers believed in establishing a strong democracy that focused on the individual rights of man. The idea of moralities that humans naturally possess was a strong influence in the establishment of a country that attempts to provide a written decency that all should have a right to receive. The fourth amendment right against unreasonable searches and seizures, along with many others, created in the Bill of Rights has become seemingly infringed in the name of security and overall welfare to all.