The United States Supreme Court Decisions

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 United States Constitution affords all people certain rights. The Fifth Amendment states that we have the right against self incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions were to be rewritten and that is not likely to happen. In this paper we will be examining the Fourth Amendment, learning the requirements for obtaining a search warrant, defining probable cause, describing when search and seizure does not require a warrant. We will also explain the rationale for allowing warrantless searches, examine the persuasiveness of these reasons, and determine if probable cause is always

On his website, a Utah DUI Attorney, David Rosenbloom speaks about violations of the Fourth Amendment.  He states that police officers “pay little attention to the fourth amendment… [because] it is not a self-enforcing right, such as the freedom of speech” (Rosenbloom).  In short, if a citizen believes his or her rights were violated and they were illegally searched/things were seized from them, they must “ask a court to examine the case and apply the fourth

One of the many freedoms we enjoy, as Americans is the right that protects us from unreasonable search and seizures; as well as the necessity for a search warrant when law enforcement wishes to search someone’s property. This right is known as the Fourth Amendment and it contains two clauses: the first one is the reasonableness clause, which states that we are protected from unreasonable searches and seizures. The second part is the warrant clause, which states that a warrant must be issued upon the finding of probable cause. It must then be supported by an affirmation and particularly describing the place to be searched and what us intending to be found.

Dating back to Colonial America, tax collectors were abusing their rights with general warrants by conducting illegal searches, and seizing individuals without probable cause or evidence of wrongdoings (Guide, 2015). Our founding fathers established the Fourth Amendment on December 15th 1791, and would further protect each citizen with the right to search and seizure. However, many cases have claimed illegal searches and seizures, resulting in numerous lawsuits where evidence was obtained. Many factors fall under search and seizure, from homes and airports to a single lawn. The purpose of this paper will be to inform the reader of the legal definition of the

This amendment was passed by Congress on September 25, 1789, and was ratified December 15, 1791; this is also one of the first ten amendments that form the Bill of Rights. According to Bradley, “the Fourth Amendment is the most prolific source of constitutional litigation in American history, particularly with application to the states after its incorporation through the Due Process Clause of the Fourteenth Amendment.” The purpose of the Fourth Amendment is to advocate for the privacy and security of individuals from illusory incursions by the government and its law enforcement

The Bill of Rights to the United States Constitution, in large part, aimed to protect the privacy of individuals. One in particular, the Fourth Amendment safeguards people from the government conducting unreasonable searches and seizures to include of their person, dwelling, and property. “Probable cause” must be articulated and agreed to by a magistrate for a search warrant to be issued and executed.

“ 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, 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.

Search and seizures are highly debated topics in the United States. Stop and frisk, automobile searches and border searches all fall within the guidelines of the Fourth Amendment. Discussed in this paper will be what reasonable searches, seizures and arrests are and how they are applied. Also to be discussed is whether probable cause is needed during warrantless searches and how the right to privacy is weighed. Finally, this paper will discuss how America’s borders are being protected by the Fourth Amendment, and what exceptions

Moreover, in an attempt to limit unnecessary and unreasonable infringements on citizen’s rights, the law has made it so that the government or any governmental agency must seek permission from a magistrate before they are able to conduct searches. This step was created as a safeguard for the American citizen, but this can cause much agitation for those seeking a warrant; nevertheless, we all must comply with the guidelines outlined in the Fourth Amendment (Varone J. C., 2012).

The Fourth Amendment (Amendment IV) to the United States Constitution comprises the Bill of Rights that fundamentally accentuates upon the prohibition of unreasonable searches and seizures and presses upon the presence of warrant to be judicially sanctioned and supported by a probable cause. The law was basically developed in response to the abuse of the writ of assistance.

Though the Fourth Amendment can lay the foundation of the laws of search and seizures and warrants, there are still many controversies as to what is classified as a violation of an individual’s Fourth Amendment rights. However, the wording of the Fourth Amendment can be confusing as different individuals interpret privacy in various ways. Terms that may be interpreted differently in the Fourth Amendment can include: 1) right of privacy, 2) search, 3) seizure, 4) arrest, and 5) reasonableness. This paper will examine how each term relates to the practice of stop-and-frisk, automobile searches, and border and regulatory searches.

Fourth Amendment Right protects American citizens, person, homes, documents, and belongings, against unreasonable searches and seizures. This right should not be violated, and no warrants should be issued without probable cause. Probable cause must be supported by evidences, and must describe the place to be searched and information on the persons or things to be seize (Legal Information Institute , 2015).

“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 significance of the 4th fourth amendment lies in the protection of people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. Reasonable searches and seizure are always to be based on evidence and could be also used against the suspect in his trial as well. Despite all that, there few case where police attempt to use the slightest reason in order to break the law and violate the people’s rights. it occurs when police seize or obtains a private belonging without a reasonable cause. However, The U.S. authorities are penetrating people’s rights by alleging the reasonable searches in order to claim illegal evidence which violates the 4th amendment.