The 4-Th Amendments Of The Fourth Amendment And The 4th Amendment

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"The house of every one is to him as his castle and fortress, as well for his defense against injury and violence as for his repose" (Coke, 1604). This statement was written by an English barrister, judge and the greatest jurist of the Elizabethan and Jacobean eras. These powerful words value the 4-th amendment. The fourth amendment is one of the important sections in the Bill of Rights which helps people to secure and protect their houses, papers and persons from officers who abuse their authority. When America was a Britain colony , justices of the peace were writing laws in order to help people earn money on customs. This political process was possible only through a general warrant which allowed free searches and seizures to happen. It means officers could search a suspected place without any evidences. Also, they could even to seize you without reasons. However, in 1756 some towns like Massachusetts turned this tricky law into new one, which prohibited the general warrant. This rule allowed citizens to live and work in peace. Later, such movements caused to addition of The Fourth…show more content…
Firstly, the warrant is not require when search or seizure is voluntary. Secondly, searches in the “plain view’” and in open fields such as pastures, parks, woods are also included in this list. However, it is allowed as the evidence when lawlessness of object is obvious and valid. For instance, in the case of Oliver v. United States, two Kentucky State police officers ignored “no trespassing” sign and got inside defendant’s field. Nearly to the defendant’s house the officers found a marijuana crop. At trial the defendant could not prove the violation of the Fourth Amendment as searches in open fields are lawful based on The Fourth Amendment. According to the Supreme Court open fields cannot support a reasonable expectation of privacy and are thus not protected by the Fourth Amendment

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