The Rights And Civil Liberties

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 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 states, '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

The balance between the duty of the government, both on a state and federal scale, and the citizens’ view of freedoms has been a continuous struggle throughout the readings. Although many members of America’s youth believe that their participation in politics is aimless, public opinion and voting are very important aspects of shaping the government. Without certain civil rights being granted by the government, these important rights of expression and suffrage would not exist.

Webster defines civil liberty as a freedom from arbitrary governmental interference specifically by denial of governmental power, and in the United States especially as guaranteed by the bill of rights. Civil liberties are the basic rights, and freedoms that are due to every American citizen. More than often, civil liberties and civil rights are often used synonymously, but those terms are very distinct. A civil rights violation happens during designated situations where a person is discriminated against based on physical characteristics. However, civil liberties deal with basic rights and freedoms that are guaranteed within the Bill of Rights and U.S constitution, inferred over the years by courts, and legislatures. Although, there are many liberties outlined within the United States constitution freedom of speech will be expounded upon.

1 McGahey 3 Megan McGahey Sherry Sharifian GOVT 2305 71430 20 September 2017 Civil Liberties vs.

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."

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.”

The Fourth Amendment to the United States Constitution states, “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”. It consists of two clauses, the reasonableness clause which focuses on the reasonableness of a search and seizure and the warrant clause which limits the scope of a search. There are many views on how the Fourth Amendment should be interpreted, especially by today’s standards. The world has evolved significantly since the implementation of the Bill of Rights. As it evolved, time brought about numerous cases on the applicability of the Fourth Amendment. When plaintiffs are not satisfied with the decision of lower courts, they can

1. 2 Define Civil Liberties; then define Civil Rights. How are they similar? How do they differ? Which civil sequence has more influence on your life as you know it to be now? Why do you believe this to be so?

All Americans are entitled to their rights. The Fourth Amendment states that we the people have to deny search and seizures from law enforcement without a warrant. The fourth amendment generally prohibits police from entering a home without a warrant unless the circumstances fit an established exception to the warrant requirement. According to the book The Constitution: Our Written Legacy by Joseph A. Melusky, the Fourth Amendment gives the right of the people to be secure in their person, houses, papers, and effects against unreasonable searches and seizures. Although we are entitled to these rights, police sometimes use and abuse their authority. In many cases, the Fourth Amendment has helped prove the innocence of one’s actions.

Throughout history, there are many cases that violated that right of the citizen especially the Fourth Amendment. What is the Fourth Amendment and why do many people challenge this amendment? The Fourth Amendment is the right of the people to be secure in their persons, houses, and effects against unreasonable searches and seizures, shall not violate, and no warrants shall issue, but upon probable cause. The biggest problem with this amendment that many people tried to challenge is what is reasonable or unreasonable to searches and seizures. One case that challenges the Fourth Amendment is New Jersey v. T.L.O. that was argued on “March 28, 1984” ("New Jersey v. T.L.O." Oyez) and reargued on “October 2, 1984” ("New Jersey

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. The first clause in the Fourth Amendment contains a simple prohibition; unreasonable searches and seizures are forbidden. The clause does not go into detail on the meaning of unreasonable. The second clause places a set of limits on the issuance of search or arrest warrants.

Civil rights are the rights granted from our government to the citizens to make sure that government treats citizens equally, applies all laws fairly and does not discriminate against any group based on race, religion, gender and disability. Civil liberties are individual freedoms that restrict the power of the government in our lives, they are guaranteed in the Constitution and are described in detail in the Bill of Rights. A great example of a civil liberty is free speech and the right of expression. While free speech helps citizens to keep the government in check by being able to debate and engage in conflicting narratives, it provides a voice to express new ideas and avoids censorship which would otherwise skew information for the benefit of majority. While free speech and symbolic free speech is protected, even in the case of flag burning, the courts have ruled that if free speech causes an immediate lawless action of violence, it become an infringement of other people’s rights. Sometimes it is difficult to balance conflicting rights between individual or between individual and the entire country. Who is to prevail? Who has more rights? In the case of individuals, an example of conflicting rights is a candidate for election who has the right of privacy but, at the same time, people need to know about his private affairs to have enough information to make a good determination on casting their vote. A conflict of rights with society may be the Patriot Act which purpose is

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 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 legal definition of Fourth Amendment. Fourth Amendment synonyms by the Free Online Law Dictionary", n.d.). The fourth amendment prohibits “unreasonable searches and seizures” (Gardner & Anderson, 2012, p.