The Fourth Amendment states in part “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated….” 14 United States Code 89 gives the U.S. Coast Guard authority to board, inspect, or seize any U.S. vessel on the high seas or in U.S. territorial waters. The Supreme Court has ruled not every search or seizure requires probable cause or a search warrant, however, these are the exception to the rule. The Coast Guard’s blanket authority to board any U.S. vessel at any time harkens back to the British treatment of colonial America and fly’s in the face of the Fourth Amendment. According to Linda Monk in The Words We Live By, colonists resented the British practice of general warrants. This allowed British agents to search anywhere they wanted and seize anything they pleased. Colonials resented this practice to the point that upon securing independence from Britain, eight states prohibited general warrants in their state constitutions. The areas to be discussed are what constitutes a reasonable expectation of privacy, reasonable searches and seizures, the requirement to establish probable cause, and when has the court ruled to the contrary. The first step in contrasting the Fourth Amendment and 14 USC 89 is to define whom these apply. According to Amar in America’s Constitution: A Biography, the term ‘the people’ used in the Fourth Amendment suggested the intent was to protect the person as
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 Second Amendment is a part of the Bill of Rights, (the first 10 Amendments to the Constitution) the framework to elucidate upon the freedoms of the individual. The Bill of Rights was planned and sent to the states, and were later ratified on December 15, 1791.The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification (three-fourths of the States) on December 15, 1791.
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.
What if police could barge into any house whenever they feel like it? In a world like this, citizens would have no privacy. People would have to be on alert 24/7 in case any unwelcomed visitors invited themselves inside without permission. The Background Essay: Search and Seizure: Did the Government Go Too Far? notes that the British government would inspect colonists’ houses for certain goods. In order to avoid such circumstances, the Fourth Amendment was added to the Constitution of the United States. The Fourth Amendment states that a search warrant and a reasonable cause is required before any government official is allowed to search another’s belongings. However, in some dire situations, a search warrant is not necessary. The Background Essay gives the examples, “…hot pursuit, public safety, danger of loss of evidence, and/or permission of the suspect,” for when police do not need to worry about taking the time to receive a search warrant. The Fourth Amendment is open to interpretation. As a result, there is a collection of various cases that need to be addressed that involve search and seizure. Such as the case of DLK. In this case, DLK’s house was searched by federal government officials with a thermal imager, which senses warmth, because he was suspected of growing marijuana. The question proposed is whether the use of such high-tech tools, like the thermal imager, count as a “search”. In a situation such as this, it is safe to say that the government went too
On September 17, 1787, the United States Constitution was signed by delegates to the Constitutional Convention in Philadelphia, who were directed by George Washington. The 1787 convention was called to draft a new legal system for the United States now that the states were free and colonized. This new Constitution was made to increase federal authority while still protecting the rights of citizens. It established America’s National Government. In 1971, the Bill of Rights were added to Constitution containing the 10 amendments guaranteeing protection for citizens. The first commandment consisting of freedom of speech and religion. The First Amendment to the U.S. Constitution reads:
The Fourth Amendment was the result of the abuse of power by the British crown and its officers. Writs of assistance in the form of general warrants were issued at will to search and seize whatever officers wanted without legal grounds. These flagrant disregards of the colonist’s privacy along with other abuses were the impetuses that lead to the American Revolution. After winning independence, the United States Constitution and the Bill of Rights emerged. Later the ratification of the Fourth Amendment made general warrants and the likes illegal.
“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).
How can the original writing and intent of the second amendment, be relevant in our society today?
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important
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 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.” (FindLaw, 2014)
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.
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
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.
When conducting possible searches and seizers, the Fourth Amendment is made to protect unreasonable conduct. Due to