In this essay I will be discussing The Fourth Amendment rights as they pertain to search and seizure, with and without warrants and why they are so important.
The Fourth Amendment guarantees the right of the people to be secure by their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated and no warrants shall be issued but upon probable cause. Supported by oath or affirmation, and particularly by describing the place to be searched and the person or things to be seized.
As far as searches and seizures go, The Fourth Amendment protects us from such abuse of power by government officials. We are guaranteed our security is as important as our physical needs such as food, clothing and shelter.
Being Americans we have the right to be left alone by the government. As it states, we are suppose to feel free of overzealous officers, just because they don’t like the color of our car, skin, etc. But that does not mean that the government should not carry out their responsibilities. Limited government power is necessary to be able to enforce laws. But there must be a balance for a democracy such as ours to exist. A balance between government’s powers and the people’s freedom. T hat is what the laws of search and seizure are all about. The Fourth Amendment governs much of what officers are allowed to do. They are to “serve and protect”.
The Fourth Amendment has continuously evolved, constitutionally, procedurally and substantively. It’s constantly changing human interaction and behavior. It also spawns unique circumstances which result in the government intruding in people’s lives.
The Fourth Amendment’s prohibition against unreasonable searches and seizures is probably one of the most vital components of criminal procedure. It regulates the State and Federal governments. All government agencies are regulated by this amendment, including but not limited to the Secret Service, I.R.S., F.D.A. as well as State...
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