Imagine You Are On A Family Road Trip You Drive Through

1403 WordsMay 10, 20176 Pages
Imagine you are on a family road trip; you drive through a red light. Next thing you know you 're getting pulled over and the officer orders you and your family to get out of the car. Either the officer wants to search your vehicle or arrest you. Is the question this legal or illegal for the officer to do? I believe that search and seizure are ethical because it protects citizens from an unlawful entry and provides protection for law enforcement in case a person is dangerous or to provide evidence to use in a criminal case in court. 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,…show more content…
He ruled that, "The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose." ("4th Amendment", 2017) There were two cases from England and one from the colonies. The two from England were Entick v. Carrington and Wilkes v. Wood which involved pamphlets that were critics to the government. The trial of Wilkes versus Wood is where the fourth amendment started because they were criticizing the king and so the king ordered a warrant for both of their homes to be searched for these pamphlets that they had that were against the king. These men would seize any books and all papers assuming they were connected to the pamphlets. Later Wilkes and Wood sued the king for damages, and claimed the warrants were not legal for the search of their homes. They were both arrested and their homes were searched and all books and papers were seized. Later Entick and Wilkes sued the seizing officials for trespass and won due to the warrants did not name the suspects or the places to be searched. The case that involved the colonies was that the British government passed a revenue collection. The colonists did not agree with this and started smuggling in order to not pay taxes to the British government. In response to the widespread smuggling, Parliament and the King began to use "writs of assistance," legal search warrants that were very broad and general in their scope. ("4th Amendment", 2017)
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