Fourth Amendment: Probable Cause

Many years ago, the United States Constitution was created as a guideline for the newly formed government to run this country as well as secure protection rights of all citizens. Since then, there have been many incidents that question the violation of citizens’ rights under the Constitution, such as the violation of the fourth amendment which protects citizens from unreasonable searches and seizures especially in the school system and on college campuses. 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 place to be searched, and the persons or things to be seized” (O’Brien, 2014). As this pertains to those citizens who are students, whether it be in the primary, secondary, or post-secondary setting, the question that unveils itself is whether or not students are entitled to their constitutional rights, in this case, the fourth amendment’s rights, while in the school environment.

Amendment protects citizens from unreasonable search and seizure of property. This ensures that the government cannot take a private citizen’s property without their consent, a warrant or probable cause. The Fifth Amendment protects private property in two ways. The first, it ensures that a person cannot be deprived of private property without due process of law.

There are circumstances where people find warrants unconstitutional, but the fourth amendment is ethical through its probable cause, guaranteed privacy, and search warrants. Privacy to citizens makes them feel comfortable and protected. Without the fourth amendment privacy would be unavailable, the citizens of america wouldn’t feel very

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 purpose for the Fourth Amendment is to protect people from intrusion of the government in areas where they have a reasonable expectation of privacy. It prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances. “The Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction. Surveillance and investigatory actions taken by strictly private persons, such as private investigators, suspicious spouses, or nosey neighbors, are not governed by the Fourth Amendment” (Criminal.Findlaw.com, 2013).

The Fourth Amendment enumerates the requirements that must be met before a warrant can be issued (Hall, 2016.) It is the responsibility of the law enforcement officer requesting the warrant to establish these elements to the judge making the warrant determination (Hall, 2016.)

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 United States Constitution affords all people certain rights. The Fifth Amendment states that we have the right against self incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions were to be rewritten and that is not likely to happen. In this paper we will be examining the Fourth Amendment, learning the requirements for obtaining a search warrant, defining probable cause, describing when search and seizure does not require a warrant. We will also explain the rationale for allowing warrantless searches, examine the persuasiveness of these reasons, and determine if probable cause is always

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: Search and Seizure was passed by Congress on September 25, 1789 and ratified December 15, 1791.

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

These exceptions are indeed consistent with the Fourth Amendment’s prohibition against unreasonable search and seizure for the previously stated reasons. With regards to open field searches the court finds that the Fourth Amendment only protects the privacy of the individual and their property within a close proximity to the curtilage of their home. Warrantless search of an open field amounts to little more than trespassing rather than a violation of a constitutional right. With regards to the search of objects in plain view. The court has held that objects in plain view have lost any reasonable expectation of privacy simply, and clearly because of the fact that the owner of these personal effects has not afforded the kind of privacy over these

When is a search and seizure reasonable? John Vile clearly explains the origination of the Fourth Amendment and why it was created at the time of the creation of the Constitution, ¨Like the amendment that precedes it, the Fourth Amendment was largely motivated by abuses of the British when they ruled America. They had used general warrants, or so-called writs of assistance, in tracking down customs violations in the colonies. A number of states subsequently adopted provisions against such warrants, and ratifying conventions in Maryland, Virginia, and North Carolina all proposed amendments dealing with the subject¨(Vile). At first, the forefathers of our country created the Fourth Amendment so that the British could not infringe on the colonists privacy. The thought of privacy within schools was not even something that was of concern at the time of the creation of the Constitution. As time has gone on, our country has made advancements that our founding fathers could never have foreseen, and has left our current government to interpret the Fourth Amendment themselves. The Fourth Amendment is detrimental when it comes to someone’s privacy, especially in a school environment. It is valuable to students and teachers alike, without it teachers and staff members would be able to search a student’s belongings without a reason or warrant. The Fourth Amendment is definitely viable in the school environment because it places regulations on what the staff in the schools can do without

Lastly, Section 218 has been perceived as expansion of the Fourth Amendment for the scope of what the amendment allows is very narrow. First, the Fourth Amendment was already extended, when the Foreign Intelligence Surveillance Act was put into place. This Act allowed more to fall under the requirements for probable cause when it came to wiretapping, then once the Patriot Act was put into place it allowed wiretapping to go beyond gathering information for foreign intelligence. In layman terms, the government can conduct physical searches and wiretapping with simply stating that it is to gather information for foreign intelligence.

This case has become the precedent to many other cases that have followed in its likeliness. It presented the power of the fourth amendment while also demonstrating the power of lien laws in relation to hotels/ motels. It can be said that although this was not a normal circumstance the law did support the hotel owner concerning the recovery of the stolen goods. Throughout the years there have been many different rulings in relation to lien laws, but this case concreted the rules in relation to the privacy laws of guests and