The Fourth Amendment Of The Constitution

The Fourth Amendment is the first line protection against the government and their officials from violating our privacy. The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place. This Amendment protects us in the following situations such as being questioned while walking down the street, being pulled over while driving, entering individual’s homes for arrest and searching of evidence while there. In most scenarios, police officer may not search or seize an individual or his or her property unless the officer has a valid search warrant, a valid arrest warrant, or a belief rising to the

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).)

In the late 1700's the 4th Amendment was written because of strong objections to the Writs of Assistance or general warrants. The Writs Assistance gave officials the right to enter any home and seize belongings without a reasonable cause. (Grolier Encyclopedia) The 4th amendment was ratified in the Bill of Rights on December 15, 1771. This amendment protects the people's right to privacy and security. (Encarta Online)

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

The fourth amendment was created to protect the individual rights form governmental intrusion. The fourth amendment protects the right of the people to be secure against unreasonable searches and seizures. This shall not be violated and no warrants shall issue unless it is upon probable cause. It was established on December 15, 1791 during the colonial era. When the 4th Amendment became part of the Constitution, it was originally only applied to the federal government. Then it was applied to the states through the Due Process Clause of the 14th Amendment. The fourth amendment is so important to American, because it is the natural right of the people and the protection from intrusion. Now in society many people do not understand that the

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 Fourth Amendment of the United States Constitution applies to a person and their home by providing protection against unreasonable seizures and searches. While it provides protection, not every search and seizure can be deemed unreasonable unless it is classified as per the law, by determining whether there was: a) the level of intrusion of the individuals Fourth Amendment, and b) whether or not it pertains to the government’s interest, such as safety of the public.

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.

The 4th Amendment, Prohibits warrants and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate, was put in the constitution because it protects people from searchers in their homes when the police do not have a warrant. When this amendment was passed it was only for federal government. It was later made the states do this to protect the people’s freedom. The Swindle law group stated “The founders believed that freedom from government intrusion into one’s home was a natural right [One granted from God] and fundamental to liberty. “They also might have put the 4th amendment in because King George’s searchers were normally extremely broad.

The right of the people to be secure in their persons, 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.

Fourth amendment of United States Constitution protects people from being undergone unwarranted searches and prevent their things from being taken away by authorities without proper authorization. If any government official or agent want to search an individual or their belongings, they should have proper reason to do that and get permission from the judge.

According to Cornell Law University, the Fourth Amendment was enacted in 1791 to protect the privacy of United States Citizens against unlawful searches and seizures (“Fourth Amendment”). The U.S. Government is required to issue a warrant, an official document that authorizes the police to execute an action, when they believe a crime has been committed. Police warrants are issued in order to protect Americans. Privacy is essential because it creates personal freedom, a sense of security, and a peace of mind. Some believe that the right to privacy is a threat to National Security because it would prevent the government from investigating without detection, but the right to privacy is what helps draw the line from despotism and democracy.

"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.

All amendments keep our states together, but there is one amendment that is especially important. Amendment four is about giving you the right to be safe in your home and your property. There shouldn’t be any unreasonable searches or seizures. The fourth amendment is better than all the other amendments because it gives you protection in your house, no warrants should be issued, and proving is better than inferring. The fourth amendment gives you the right “to be secure in their persons, houses, papers and effects, against unreasonable searches or seizures.” (The Fourth Amendment of the U.S. constitution) “The Fourth Amendment is the constitutional sentry whenever someone's privacy is diminished by a governmental search or seizure…, ...Court declares, means an actual expectation of privacy that society is prepared to recognize as "reasonable." In defining that phrase, the reasonableness clause of the Fourth Amendment has spawned a vast amount of litigation. Representative Elbridge Gerry of Massachusetts said that he "presumed there was a mistake in the wording of this clause; it ought to be ‘the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches. Thus, the Searches and Seizures Clause can be thought of as an independent prohibition on the acts of governmental agents.” (The Heritage Guide to The Constitution)