Fourth Amendment Violations

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).)

• Fourth Amendment jurisprudence is primarily concentrated in four areas: 1) defining “searches”; 2) the Warrant Requirement, in which warrantless searches are semantically precluded except in specific and tightly constricted situations; 3) the Probable Cause Requirement, whose exclusive provisions are closely associated with the Warrant Requirement’s proscription of police inquiries into same; and, 4) the exclusionary rule, which presumptively excludes any information or evidence gathered in violation of the preceding two (Rickless, 2005).

With good intentions, the Patriot Act allows the government to pry into Americans' lives through computer and phone records as well as credit and banking history (Source 5). This oversteps the U.S. Constitution as the First and Fourth Amendment were created to give citizens freedom and the right to deny search and seizure

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 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

S.N. Herman in his article The US PATRIOT ACT and the Submajoritarian Fourth Amendment that was published in the Harvard Civil Rights-Civil Liberties Law Review in 2006 deals completely around violations of the US Patriot Act in regards to the Fourth Amendment of the U.S. Constitution. It brings forth the facts that support that we as American citizens have allowed the government to chip away at our rights to be free from unreasonable searches and

These are, quite noticeably, in direct conflict with the Fourth Amendment which is as everyone knows 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.”

The government has the power over many things but this time they went a bit too far and took advantage of their power by spying on us. Is it a conspiracy or a fact?The US government with assistance from major telecommunication carriers including At&T , has engaged in massive,illegal dragnet surveillance of the domestic communications and communication records of millions of ordinary Americans getting information which i think at times it can be necessary.Someone can be plotting a terrorist attack , murder or robbing a bank. Some say the NSA(National Security Agency) has invented futuristic “toys” they have become creative finding new ways to get Intel on us.

The government’s interpretation of the Fourth Amendment has been used to amass a collection of phone records, gain access to other records, and carry out search and seizure without a warrant; however, the government has used this approach to find threats to America.

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.

“Amendment IV (1791)- 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.” (United States Senate)

The Fourth Amendment has limits on the government’s rights to search our houses and businesses and to seize documents and other personal effects. It requires that the government should have reasonable cause for the search and seizure. That is, there must be a proof to support the specific search. The main drawback of the Fourth Amendment is first, personal information is not safe in our homes or in our offices. Most of the laws allow police to get access from nongovernment databases without any

The Fourth Amendment of the U.S. Constitution 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 ultimate goal of this provision is to protect people’s right to privacy and freedom from arbitrary governmental intrusions. The Supreme Court has interpreted the Fourth Amendment to allow for a number of exceptions to this requirement where there are exigent circumstances.

Upon doing a little research about dogs and how they are used within the law legally can be controversial, but dogs using their noses is actually a very key tool.

The Patriot Act, in my opinion, is violating the Fourth Amendment of the Constitution (even though it is an exception to it) because it invades our privacy by allowing the government to place wide ranging wiretaps on us without even identifying the target or locations of target individuals who have no connection to terrorist organizations and collect business records of all Americans without any connection to terrorists. Under the act, any data can be collected by the government without a warrant. They have access to the phone calls we make, the inbound and outbound internet traffic we navigate, and even the emails we receive/send in a daily basis. Basically, under this act, none of the electronic information that we consider private is untouchable