Fourth Amendment Precludes

In this article, American Taught Police: Surveillance in the “Land of Freedom,” the author Nikki Jones talks and describes taught of being followed by technology everywhere you go. She talks about the consequences and the civil rights and liberties that the American Taught Police may steal form the citizen. She describes that device as the tracking device and that device follows you. She brings up the question of the fourth Amendment. The fourth amendment is supposed to protect the rights of the citizen through “Search and seizure.” In the second paragraph, the author, Nikki Jones, talks about how the FBI and the NSA collecting so much data without any warrants because there is a question of national security.

As stated by the Constitutional Rights Foundation, The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. Although the Fourth Amendment states that officers must obtain a warrant from a judge before searching private property, the Patriot Act reduces the requirements necessary to search the property of a U.S citizen. This is shown in section 215 of the act which permits the FBI to go before the Foreign Intelligence Surveillance Court for an order to search for "any tangible things"

“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).

Does the Ohio state law of prohibiting obscure material violate the First Amendment? Does evidence obtained with out a search warrant in violation of the Fourth Amendment, Exclusionary rule; apply to the states through the Fourteenth Amendment, Due Process Clause?

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

As governed by the Fourth Amendment of the Constitution, we possess the right to be secure in our houses, papers, and effects, against unreasonable searches and seizures. The

The silver platter doctrine was a doctrine that allowed evidence that had been illegally seized by state and local police into federal courts as long as they were not acting as federal law enforcement agents (Gray, Cooper, & McAloon, 2012). Therefore, as long as the individual obtaining the evidence was not acting as an agent of federal law enforcement, then the evidence would be allowed within a court case. The Fourth Amendment and the exclusionary rule did not apply to state officials at this time. It was only enforced on federal government officials who seized evidence illegally. Therefore, this practice went on for some time before it was reevaluated.

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 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 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.” (FindLaw, 2014)

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 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 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” ("Fourth Amendment legal definition of Fourth Amendment. Fourth Amendment synonyms by the Free Online Law Dictionary", n.d.). The fourth amendment prohibits “unreasonable searches and seizures” (Gardner & Anderson, 2012, p.

The Fourth Amendment to the U.S. Constitution 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 place to be searched, and the persons or things to be seized (Fourth Amendment). The text of the Fourth Amendment does not define exactly what “unreasonable search” is. The framers of the constitution left the words “unreasonable search” open in order for the Supreme Court to interpret. Hence, by looking at

For the most part, Americans citizens have the freedom from arbitrary governmental intrusions. In the court system, the court will make an objective assessment by the degree of intrusion (4th Amendment). They would look at the search and seizures and manner of which said search and seizure was handled. Furthermore, in cases with warrantless search and seizures, the court will look at the intrusion of the individual’s right to privacy (4th Amendment). They will also look at the need to promote the government's special needs and interest, and try to balance the individual's right ,and the government's needs. And finally, private intrusions not acting in the color of the government's authorities are excused from the Fourth Amendment (4th amendment).