The Fourth Amendment In The US

1. The Fourth Amendment of the U.S Constitution says, “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.”

When the Bill of Rights was established, it was to ensure civil freedoms to all. Little by little these days, all of these rights are now gaining more and more stipulations that are restricting our rights as Americans. Due to the unrest of the world from all of the terrorism, it appears that our right to freedom of speech (Amendment I) and the right of the people to be secure against unreasonable searches and seizures is diminishing rapidly.

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 4th amendment, search and seizure causes a lot of problems. Search and Seizure is the rights that police have when they enter in a home. The standard for conducting a warrantless search, probable cause, is the same standard necessary for a warrant to issue. An illegal search or illegal seizure is a violation of your Fourth Amendment rights, and any evidence seized must be excluded from trial. Normally police need a search warrant to enter into a home unless they get the consent to enter in the home without one they normally don't go go into a home without anything. A terry pat is when a police officer can detain or conduct a reasonable search for weapons where the officer has the reason to believe the person is armed. Auto stops is

• 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).

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 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.” –U.S. Constitutional Amendments

Question one. The Fourth Amendment states that “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated…” Just imagine a scenario where an individual is sitting in their house, and the police barge in and search the entire premises and the individual with no warrant or merit to the search? That type of life would be perverse on itself, let alone frightening. Cases like Katz, Jones, and Oliver exemplify why the Fourth Amendment is so important to our everyday lives and wellbeing.

The Fourth Amendment has two basic premises. One focuses on the reasonableness of a search and seizure, and the other on warrants. One view is that the two are distinct, while another view is that the second helps explain the first. However, which interpretation is correct is unclear. In addition, law enforcement today differs sharply from the period in which the Constitution 's framers lived. During that period, no organized police forces existed that were even remotely like those of today. In contrast, today 's law enforcement officials seem to have broad authority to search and seize. These powers are not generally subject to either statutory or regulatory control, and common law limitations are generally ill defined and

The rationale for this amendment was in response of the colonist’s experience with the search and seizure practiced by employed by English officials. Under the authority of King of England officials were able to arbitrarily enter and search homes. The Fourth amendment was drafted in memory of the unreasonable, intrusive searches and seizures experienced by the colonist in the privacy of their homes.

In recent times there has been a growing number of concerns regarding the way police officers perform arrests. Along with these arrests are searches conducted by officers which can sometimes be unconstitutional. The Fourth Amendment of the US Constitution protects its citizens by giving “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” (U.S. Const., amend. IV). This amendment aims to prevent officers from conducting random searches of a citizens’ property and aims to give them a reasonable expectation of privacy.

The Bill of Rights is a necessary piece of the Constitution, written to protect the people of the United States of America. The fourth amendment in particular is designed to protect one from unreasonable searches and seizures of ones property. A search or seizure is considered unreasonable without an issued search warrant. However, a peace officer may search without having a search warrant if there is probable cause. According to Cornell University Law School “The Fourth Amendment applies to the search and seizure of electronic devices.” The fourth amendment does have rules set for protection of telephonic and electronic activities requiring search warrants, but the terrorist attack on the World Trade Center has altered this law.

The 4th amendment written in the Bill of rights was passed on December 15, 1791. This amendment was very important and is very commonly used. This amendment states that police are prohibited doing any unreasonable searches or seizures without a warrant. Police are only allowed to search your property if there is an obvious problem going on and it can't be second guessed. Some things that a police can search with a warrant are legal papers, your home, and private property. This amendment is important because it helps with our safety and others. For example, if you were to be stopped because you were speeding and when you get pulled over, the police smells alcohol he is allowed to search your car for any other things that could be illegal or harmful to other. The police can do this without getting a warrant because it's not a huge crime that the person is committing but is instead it's a search for your safety. This amendment took a while to get passed but once it did many issues were resolved and it became very commonly used quickly. This

Rights are not always absolute. Reason being there are mandates within the constitution that prohibit certain things from being over used. For example the first amendment gives you the right to exercise your freedom of speech. However hate speech, speech that incites violence or puts another individual in danger is prohibited. And does not fall under your first amendment rights.

My paper is going to be focused on the Fourth Amendment, which sets the baseline for searches and seizures. I will present what the Fourth Amendment is, what the rights of the individual are as stated in the Fourth Amendment, what limitations may be held within the Fourth Amendment, what must be included within the warrant, and more. I decided to write on this topic as I believe that it is important for us as citizens to know what our rights are, and not just rely on what we think we know about the Constitution. A country which is educated about the rights which they have, and utilizes these rights in the correct instances is a country which is governed by laws, and