The Fourth Amendment Of The Us 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

Search and seizure is a vital and controversial part of criminal justice, from the streets to the police station to court. It is guided by the Fourth Amendment, which states that people have the right to be free from unreasonable search and seizure of their bodies, homes, papers, and possessions and that warrants describing what and where will be searched and/or seized are required to be able to search the above things (“Fourth Amendment,” n.d.). Interpretations of the Fourth Amendment by the U.S. Supreme Court and the establishment of case law by many state and federal courts have expanded upon the circumstances under which search and seizure is legal. Several doctrines and exceptions have also emerged from the Supreme Court and other case law that guide law enforcement officers on the job and aid lawyers in court.

The Fourth amendment of the bill of rights prohibits unreasonable searches and seizures any warrant to be judicially sanction and to support to probable cause.

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).)

“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” (www.law.cornell.edu).

The fourth amendment gives people the right to not get illegally search. In other words someone can’t just run up to you and search you they have to have a good reason too search you.. The fourth amendment however is not guaranteed against all searches and seizures, but only those that are deemed unreasonable under the law.

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 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 Fourth Amendment is one of the most important constitutional protections; however, several procedural issues may arise. As seen in this case, the validity of the search warrant was questioned as well as the extent of the protection afforded. A search may be illegal even if a search warrant was issued; probable cause is

America’s Founding Fathers believed in establishing a strong democracy that focused on the individual rights of man. The idea of moralities that humans naturally possess was a strong influence in the establishment of a country that attempts to provide a written decency that all should have a right to receive. The fourth amendment right against unreasonable searches and seizures, along with many others, created in the Bill of Rights has become seemingly infringed in the name of security and overall welfare to all.

The first amendment I will explain is the procedural rights for the Fourth Amendment (Bohm & Haley, 2011). The fourth amendment protects a person and their personal effects from unreasonable search and seizure. Unless there is probable cause for the warrant. A search is when law enforcement is inspecting or exploring person or their property to discover evidence of a crime or are accused of a crime. Seizures are when someone commits a crime and their property is taken into custody when there is a violation of a crime. A person is considered seized when they cannot freely leave such as when there are several officers, a display of a weapon, some form of physical touching, or tone of the officer’s voice. There are two types of search and seizures, the first is made with a warrant it is a written order

The Fourth Amendment protects persons against unreasonable searches and seizures. U.S. Const. amend IV. Absent a warrant, a search may be reasonable if officers obtain consent of a third party having actual common or apparent authority over the premises or items to be searched. United States v. Matlock, 415 U.S. 164, 171 (1974). Actual common authority over property hinges on the “mutual use . . . by parties generally having joint access or control.” Id. at 171 n.7. Should actual authority be absent, the search is still reasonable if officers reasonably believe, based on facts available, that the consenting party had authority over the premises. See Illinois v. Rodriguez, 497 U.S. 177, 188 (1990).

The fourth amendment protects against “arbitrary arrests, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other

According the the fourth amendment, Individuals have the right to refuse a requested search. Many people are not familiar with this right because of the fear of further punishment. Officers will ask to do a scan through of personal items if one seems suspicious or just in general to check if anyone if not following the law. For example, In Florida v. Bostick (1991), a police officer was

The Fourth Amendment was created in the year of 1791, and it protected people from unwarranted investigations. “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,” (Fourth Amendment). The Fourth Amendment protects people, but that does not mean people will not violate it. When evaluating the information about the Fourth Amendment, one can interpret about how it has a prolonged and fascinating history, such as the past implications of the it, modern cases about it, and its current effectiveness.