The Fourth Amendment Of United States Of America

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 Constitution was ratified in 1791 and is an important amendment in the Bill of Rights. The Fourth Amendment is “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” (Charles Wetterer). The issue of searching and seizing first originated in Britain in the mid-1700’s where British officers had general warrants to search citizens. While this became an issue for citizens in Britain, it became apparent also in the colonies where British soldiers were searching with only general warrants. Many citizens believed it was an invasion of privacy. So after independence from Britain, and the failure of the Articles of Confederation, the Constitution was produced. George Mason, an important political figure in Virginia, had written the Virginia Declaration of Rights, and he and other delegates believed the primary purpose of the government was to protect the rights of its citizens. To further that, he believed citizens had the right to be secure from unlawful searches and seizures. Once the idea of the Bill of Rights came into play, the Fourth Amendment was also created. The Fourth Amendment actually guarantees two things: You cannot search or seize unless you have a warrant and a

The Fourth Amendment states; ” the right of the people to be secure in their persons, houses, papers and effects against unreasonable search and seizures shall not be violated and no warrants shall issue but upon probable cause.

The Fourth Amendment was added on December 15, 1791, and ensured that it would protect citizens from arbitrary invasions, unlawful detainments, and a citizen’s right to privacy in the United States. Throughout modern America, the Fourth would should up in various landmark court cases around the country and establish itself as one of the most fundamental rights a person can possess. Citizens have the right to feel safe in their homes, as well as being safe around their own town, but what would happen if you were not at your residence and police wanted to search your home? This can be seen in the court case Weeks v. United States.

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

1.) Throughout history, the 4th Amendment has changed in a few different ways as far as protection against unlawful searches and seizures. The fundamental ideas of the 4th Amendment sprouted from when America was a colony of England. The Colonies didn’t agree with the fact that the British could come into their homes and take what they wanted. Even the common law prohibition on general warrants was overseen by the British government in order to keep control over the colonies. This corruption and tyranny helped America to have a Revolution against the British government. In the beginning, it was a simple set of rules that: prohibited general warrants, required applications for warrants supported by probable cause, a judge to decide

The fourth amendment protects citizen’s right against unreasonable search and seizures. Law enforcement are required to show probable cause to be issued a warrant which grants law enforcement to conduct a legal search. There are a few exceptions when a warrant is not required, but probable cause is still needed.

The Fourth Amendment reads: “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 Warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized” (Smentkowski, 2014). The Fourth Amendment clearly states that an individual has the right to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, but what constitutes a search? The Bill of Rights was created due to the founders and the authors of the Constitution wanting to protect and preserve the rights of the citizens. The Fourth Amendment

P#1:- The Fourth Amendment of the United States originally was set forth to protect citizens from unreasonable search and seizures and requires any law enforcement official to establish probable cause to acquire a warrant from a court part, which is also a part of the Bill of Rights that. It was introduced to congress in 1789 by James

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.

"The Fourth Amendment protects people against unreasonable searches and seizures by government officials. A search can mean everything from a frisking by a police officer to a blood test to a search of an individual’s home or car. A seizure occurs when the government takes control of an individual or something in his or her possession. Items that are seized often are used as evidence when the individual is charged with a crime" ("Annenberg Classroom," 2006). This amendment is meant for agents of the government, it does not apply to people who do not belong to the government.

The fundamental purpose of the Fourth Amendment in the United States Constitution is to protect every citizen’s right from unreasonable searches and seizures. The Bill of Rights composed of the first 10 amendments states the limits of governmental authority. For instance, the First Amendment guarantees individuals’ natural rights such as freedom of speech, religion, and press. In addition, the Fourth Amendment restricts government intrusions into personal privacy and property.

The fourth amendment was inherent based on a long correlation concerning the right to be free from unreasonable search and seizure. The protection, that it brought was a warrant based on probable cause. Which has caused for the Supreme Court to permit countless forms of under the administrative justification. The actions that are considered include (1) inventories, (2) inspections, (3) checkpoints, (4) school discipline, (5) “searches” of government employees’ offices, (6) drug and alcohol testing, and (7) parole and probation

A. The main aim of us constitution about the fourth amendment law is to protect the people from unreasonable searches and seizes and also the right of the people to be secure from persons, papers, effects etc....They are no right to search or seize any individuals without any search warrant. They must not be violated by warrants issued without any cause, supported by oath or affirmation, or not describing any of the places particularly to be searched. This law balances in mainly two subjects with the same ratio “protecting individual’s Fourth Amendment rights and protecting government interests, such as public safety” etc....The fourth

The fourth amendment is important because it protects our privacy of searches and seizures. In order to enter a home, you need a search warrant that is given by a judge. We as United States citizens have the right not to let an officer in our homes without a warrant. The fourth amendment is also important because it protects the rights of someone who have been wrongfully accused. The fourth amendment protects our privacy and property as well as the rights of someone who arrested unfairly and unwarranted. The negative consequences of the fourth amendment are that it makes it difficult to find evidence and takes longer during a police investigation.