Explain Why It Is So Important To The Fourth Amendment

For me The Fourth Amendment is important simply because I don’t want to get harassed by law enforcement but also as an American citizen I want to feel protected. Overall the Fourth Amendment and the rest of the Bill of Rights' significance are important, that many citizens today do not realize how much it protects us.

1. Identify and describe the three possible alternatives for applying the Fourth Amendment to “stop and frisk” situations. Also, identify which alternative the U.S. Supreme Court adopted and explain why.

The Fourth Amendment protects citizens from unreasonable search and seizures. (People v. Williams 20 Cal.4th 125.) A defendant may move to suppress as evidence any tangible or intangible thing obtained as a result of an unreasonable search and seizure without a warrant. (Penal Code §1538.5(a)(1)(A).) Warrantless searches and seizures are presumptively unreasonable. (Williams, supra, 20 Cal.4th 119; see also Minnesota v. Dickerson (1993) 508 U.S. 366 (stating searches and seizures conducted outside the judicial process are per se unreasonable unless subject to an established exception).) While the defendant has the initial burden of raising the warrantless search issue before the court, this burden is satisfied when the defendant asserts the absence of a warrant and makes a prima facie case in support. (Williams, supra, 20 Cal.4th 130.) Accordingly, when the prosecution seeks to introduce evidence seized during a warrantless search, they also bear the burden in showing that an exception to the warrant applies. (Mincey v. Arizona (1978) 98 S.Ct. 2408; see also People v. James (1977) 19 Cal.3d 99.) Evidence obtained as a result of an unlawful search and seizure is considered “fruit of the poisonous tree” and should be suppressed. (Wong Sun v. United States (1963) 371 U.S. 471; see also Minnesota v. Dickerson (1993) 508 U.S. 372 (stating unreasonable searches are invalid under Terry and should be suppressed).)

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

Protecting American citizens from unreasonable searches and seizures is the central idea of the Fourth Amendment; however, the Fourth Amendment may also apply to electronics. Classified organizations, such as, the NSA secretly collect information that includes, details of phone calls, e-mails, and personal Internet activity, although, in 2013 the NSA’s secret was revealed to the public, since it was not publicly known that the NSA had been collecting bulk phone data. The NSA later tried to defend itself and state that it doesn’t mean that they collect all personal records, such as, medical records and library records. In order for the NSA to legally store phone data the agency must first receive a warrant from the FISA Court each time it wants

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 Bill of Rights is one of the most essential documents produced in the United States. It was written September 25, 1789 and was approved December 15, 1791 written by James Madison. The purpose of this document is to protect citizens from excessive government power.

The Fourth Amendment of the United States Constitution protects every individual’s personal privacy, and every person’s right to be free from unwarranted government intrusion in their homes, businesses and property, regardless of whether it is through police stops and checks or the search of their homes. In the context of Mr. Smith’s Arrest, he was arrested without a warrant of arrest and there was a search, which was conducted by a private citizen on his premises without a search warrant, the courts upheld his arrest and subsequent conviction thus implying that all due process was followed before reaching at the verdict. The constitutionality of search and arrest without a warrant was challenged in the case of PayTon v. Newyork, (1980) (Payton v. New York | Casebriefs, 2017).

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

As we grow up, there are certain rights that we develop as people as we age. For example, at the age of 18 we are given the right to vote in elections as well as purchase tobacco if we so choose too. But there are certain rights, given to all citizens of the United States, independent of age, that also can not be taken away. As an example, the 1st amendment allows for the freedom of religion, press, speech, assembly, and petition. The 14th amendment gives citizenship to all people who are born or naturalized in the United States. In today’s day in age however, one amendment has become quite controversial, the 4th amendment. This amendment protects people against unreasonable and unlawful search and seizure and that warrants may not be issued unless there is probable cause. What becomes controversial now is whether or not this amendment includes the protection of what a person says or does on the internet as well as what a person says to another well calling another person. The 4th amendment reads, “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.” In its current phrasing it is vague enough to push the boundaries of what is protected and what isn’t. For this reason it needs to be updated to fit

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.

CThe fourth amendment effective in 1791 and was adopted by Congress as part of the Bill of Rights. The fourth amendment is the right of the people to be secure in their persons, residences, papers, and effects against unreasonable searches and seizures. Also, no warrants shall be issued, unless there is probable cause that is supported by oath by describing the place to be searched. The fourth amendment is utilized in law enforcement by obtaining warrants to conduct searches and seizures. For example, the Weeks v. U.S. was a first landmark case that addressed the search and seizure in 1914. Additionally, the exclusionary rule holds that evidence of an offense that is collected by law enforcement in violation of defendant's constitutional rights

These pursuits are regularly unsuccessful on getting the criminals, and instead this policy is going against the 4th Amendment. Regarding the Bill of Rights the 4th Amendment is what gives us the citizens the right to be safe and secure in our personal space and also it protects us against any unreasonable searches without any documentation or probable

When there is a bad person under suspicion I want the police to throw the rules out the window. When it is an innocent I think the police can get to excited, and abuse this power, and understandably so. Seeing the past it is easy to figure out, but in the situation how is one to know? "It appears that the greater number of searches, as well as the vast number of arrests, take place without warrants" (CRS annotated constitution, n.d. para. 1). How can the law use this idea the wrong way. Is there not supposed to be a proceedure? Then again I want the bad people off the street and secreting getting to them might be the only way sometimes.