Examples Of The Fourth Amendment

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 Fourth Amendment is about search and seizure. This amendment is mostly about having one’s own privacy. The amendment has been implemented to protect against unlawful searches and seizure by the federal law enforcement and also by the state. The Fourth Amendment protects the U.S citizen’s right of privacy from invasion. Today, the topic of privacy is frequently and heatedly discussed. As a person who wants to be aware of my rights, I and also the U.S. citizens need to know this amendment better, to know the histories of the amendment, the evolvements of its interpretation and how it plays the role in Supreme Court.

Evidence that is illegally obtained cannot be used in a criminal trial and officers must have a valid warrant before conducting searches or seizing evidence (Weeks v. U.S., 1914).

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

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 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” (www.law.cornell.edu).

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

In Weeks V. United States, Weeks was convicted of transporting lottery tickets through the mail when police illegally search his home without a search warrant. The police went to his house where they search Weeks’s room and “took possession of various papers and articles found there, which were afterwards turned over to the United States marshal” They then returned to weeks home to search for more stuff that could be used against Weeks. The

Fourth Amendment protects people from unreasonable searches and seizures of certain papers, books, documents etc. Rules are not violated in it. There must be probable reason because in order to arrest a particular person without a search warrant. It possesses an oath or affirmation from the government. It has two fundamental rights as Right to privacy and Right to freedom. Search occurs when it has a correct reason that was obligated by the government people. Private individuals are violated from this amendment. A seizure happens the owner must has a right documents with him on his own property, if not the documents is seized and the person gets arrested. Sometimes the property belongs to other possessor but in mistake reasonable person gets involved in the task. The banning of unreasonable searches can violate many things to be happen.

The fourth amendment was created to protect the individual rights form governmental intrusion. The fourth amendment protects the right of the people to be secure against unreasonable searches and seizures. This shall not be violated and no warrants shall issue unless it is upon probable cause. It was established on December 15, 1791 during the colonial era. When the 4th Amendment became part of the Constitution, it was originally only applied to the federal government. Then it was applied to the states through the Due Process Clause of the 14th Amendment. The fourth amendment is so important to American, because it is the natural right of the people and the protection from intrusion. Now in society many people do not understand that the

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 gives people the right to not get illegally search. In other words someone can’t just run up to you and search you they have to have a good reason too search you.. The fourth amendment however is not guaranteed against all searches and seizures, but only those that are deemed unreasonable under the law.

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

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.

To fully understand the role and related responsibilities of search and seizure in the public schools, the Constitutional rights of the students and case law must be examined.