Preview

Arguments Against The 4th Amendment

Good Essays
Open Document
Open Document
718 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Arguments Against The 4th Amendment
An influential government philosopher John Locke once stated, “Government has no other end , but the preservation of property.” The 4th amendment has an important part of protecting essential values. 4th amendment allows people to be secured in persons, houses, ext.Unless an issued search warrant ,probable cause or reasonable suspicion. For instance a precedent is Katz v Ohio this shows that the government can go too far with their search and seizure procedure.Today there are many cases in which the government is not using a search warrant when they are searching someone. Another reason is the writs of assistance case which established that the government does not take into consideration the 4th amendment for years the colonies got their ships searched and they were ran over by the government until the 4th amendment became a bill of right. How they established this case is they searched a ship for smuggled goods. I think that this is too far because they shouldn't be able to …show more content…
The first reason is the Revolutionary War, this was a disagreement between Great Britain and the American colonies. The king himself had created a swamp of new buildings and offices. Hitler swamped and took them out. This is showing the colonies were in need of general searches. The British officers were just trying to received taxed goods. The next reason is Carroll v United States 1925. The United States supreme court was doing warrantless searches through automobiles. This is taking it too far, the US supreme court should not be able to go through somebody's vehicle without a warrant. There is no reasonable suspicion, this is just too far. Allowing Farook's Iphone to be unlocked allowed him to set up a terror attack. He was able to send drivers to locations and set up an attack. Apple took it too far and a chance of unlocking his Iphone to do

You May Also Find These Documents Helpful

  • Good Essays

    I enjoy reading your post. I would say that one of the reasons the 4th Amendment is so important is that it is reflective of the Colonists' own experiences. The Colonists were outraged on many levels that British soldiers could enter their homes, seize their belongings, or search their property without any probable cause or authentic paperwork. The fact that warrant-less and groundless searches became so prevalent is one reason why the 4th Amendment strictly states that justification and authentication must accompany all searches and investigation of property and belongings. Another I would say that the 4th Amendment is important is that it represents a fundamental right of a person accused of wrongdoing in a legal sense. The 4th Amendment…

    • 162 Words
    • 1 Page
    Good Essays
  • Good Essays

    Fourth Amendment

    • 1154 Words
    • 5 Pages

    The Fourth Amendment of the United States of America constitution reads as follows; 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 was ratified into the Bill of Rights on December 15th, 1791 and is the section that protects us against illegal and/or unreasonable searches and seizures of our homes, person or property and was drawn from the “Every man’s house is his castle” maxim celebrated in England. It was established as protection against…

    • 1154 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Govt201 Unit 1 Amendment

    • 446 Words
    • 2 Pages

    4th Amendment - Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate…

    • 446 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    This work POL 303 Week 2 Discussion Questions 1 4th Amendment comprises solution of the following task: "What rights are protected by the 4th Amendment? Provide three concrete examples. Why are unreasonable searches forbidden? What factors determine whether a search is reasonable or not? Explain in 200…

    • 641 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    case study

    • 306 Words
    • 2 Pages

    Case Signifance: The 4th amendment prohibits the unlawful search and seizure of resident belonging to citizens of the United States of America.…

    • 306 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    United States was meant to expand the boundaries of the Fourth Amendment by making it more flexible, with the purpose of protecting citizens against invasive methods of surveillance from the government. Prior to this case the Court had ruled in the Olmstead v. U.S. that wiretapping did not violate a Fourth amendment violation since the government did not control the telephone wires and the agents did not trespass onto the property of Olmstead and it was gathered by hearing (souza). The Court said that there was no search or seizure since the government did not go onto the property or seized any papers that are protected under the Fourth Amendment ("Katz V. United…

    • 550 Words
    • 3 Pages
    Good Essays
  • Good Essays

    -The court interpreted the plain view rule, for the offer it is a risk but after…

    • 690 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    This is an extremely early case dealing with search and seizure, if not one of the first cases, in which the individuals being searched stood up for themselves because they felt the actions taken against them were unjust. However, since these cases are dated so far back in history it is hard to understand whether our founder fathers could have foreseen any problems with the amendment in the future, and everything that applies under the fourth amendment today. At the end of the eighteenth century this was dealing with pamphlets that the king did not like and tried to extinguish through tearing apart the “offender’s” homes. Is it possible however that even this amendment that was ratified at the end of 1791 can still be completely relevant in our modern society, or does this amendment need a face lift?…

    • 1527 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    In my opinion, I believe that the 4th amendment is both good and bad depending on the circumstances. Sometimes there are people who blatantly have drugs that the cops can't frisk off until they have the warrant. By the time the police get the warrant, said suspect could have already gotten rid of the drugs. However, this also works the other way. Sometimes, the police search other people that they have false evidence on. Then this innocent person gets searched and it makes the searched person look bad in the future.…

    • 564 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    In my criminal justice classes, I learned that there are many amendments that protects citizens when they are arrested. After September 11, and the terrorist attacked, President Bush passed the Patriot Act. Many people were unhappy because it allows police officers and federal agents to invade our privacy. Many laws passed into effect and all the police departments started to share information with ICE, FBI and other federal agencies, nationwide and locally.…

    • 313 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    The Fourth Amendment of the Constitution of The United States of America was added as part of the Bill of Rights on December 15, 1791. The Fourth Amendment deals with protecting people from searching their homes, and private property without properly executed search warrants. “Provides 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” (The History Behind the 4th Amendment). The Founders that put everything into place believed that freedom from government intrusion to a person’s home was a natural right for the people as well as a fundamental to liberty.…

    • 2068 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    Most people, without even knowing it, are frequently protected, or using, the Bill of Rights in their everyday lives. The amendments that affect my life the most are the 1st, 4th, and 9th where as the 7th, 6th, and 5th are not as relevant. The first amendment protects my freedoms of expression; religion, assembly, petition, press, and speech. The most used freedom of expression in my life is freedom of speech, the right to express my opinion in a peaceful way. Being able to say what I believe about the government, ways of life, causes I support, and other beliefs I disagree with is all defended by the 1st amendment. The 4th amendment is also very relevant in my life. The 4th amendment allows me to be safe and secure in my houses, persons, papers,…

    • 256 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Most Americans today don’t know what rights we are given. The Bill of Rights were put in place to give US citizens protection from corrupt police and government officials. A common Amendment that most Americans don’t realize we have is the Fourth amendment. The Fourth Amendment gives us protection against arbitrary searches and seizures without a proper warrant. It was first used to prevent the use of writs of assistance which is blanket search warrants with which the british custom officials had invaded homes to search for smuggled goods. As the fourth amendment has changed and evolved in its meaning over time, many Supreme Court cases have presented themselves to the states.…

    • 1041 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Essay On 4th Amendment

    • 1106 Words
    • 5 Pages

    Without the Fourth Amendment of the Constitution, America would be a very different place. The framers of the United States Constitution anticipated the necessity of an amendment that would protect citizens from a government that would potentially overstep its boundaries. The Fourth Amendment was included in the Bill of Rights as one of the guarantees afforded to all citizens protecting rights to privacy and illegal search and seizure. In today’s society with the new technologies for surveillance, the government is able to closely watch its citizens. It is questionable to some whether this is a violation of the fourth amendment. It is necessary to have an amendment in place that will protect citizens from a government that tends to overstep…

    • 1106 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The Fourth Amendment’s ultimate goal is the “provision is to protect people’s right to privacy and freedom from arbitrary governmental intrusions” (Legal Information). Therefore the Fourth Amendment gives everyone a right to their own privacy. Even though that it might seem like it would make it harder to gather information. The Fourth Amendment is "the right of the people to be secure in their persons.” In addition, the law enforcement only needs to be “supported by a probable cause” or an “arrest warrant,” to search a United States citizen. Although, the police officer could arrest a suspect to stop them from running away or to preserve evidence. Besides the Fourth Amendment is still beneficial for all United States…

    • 752 Words
    • 4 Pages
    Good Essays