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…
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…
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…
Our forefathers with great fortitude put together a document that would be forever known as the constitution. This document addressed the rights of the citizens of the newly formed states. One amendment has been a focal point of discussion in recent weeks with the leakage of NSA protocol. 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 place…
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…
While whites who have done nothing wrong generally have little need to fear constitutional violations by the police, this is decidedly untrue for blacks. Blacks attract undesirable police attention whether they do anything to bring it on themselves or not. This makes "driving while black" a most unusual issue of constitutional criminal procedure: a search and seizure question that directly affects a large, identifiable group of almost entirely innocent…
A critical point to be noted is that the Fourth Amendment only applies to government action, which includes deputized individuals or those acting at the direction/behest of law enforcement. Additionally, the Fourth Amendment requires not only an actual expectation of privacy, but also, a societally recognized, reasonable expectation of privacy in the place or area searched.…
For more than two hundred years the bill of rights also known as the first ten amendments of the U.S. constitution has been responsible for protecting the American people and maintains their rights and freedoms. One Particular Amendment in the United States constitution of importance in the legal system and unparalleled is the 4th Amendment. Since the 9/11 attacks Muslim men have been persecuted by what they wear and believe because of America’s fear on another attack on the United States.…
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.…
The Fourth Amendment protects three distinct rights. They are liberty, property and privacy. Taking into consideration along with research and survey, I believe that each of these rights are equally important. Together they provide for a complete and well-rounded way of life. Without liberty, our lives would be limited to what the establishment would allow and therefore, what privacy could we have without the right of choice. Property would have no value without the liberty to use it as I desire.…
judge would do this by writing general warrants, which allowed general search and seizure to happen. Massachusetts wrote a law in 1756 that banned these warrants, because tax collectors were abusing their powers by searching the colonists’ homes for illegal goods. These general warrants allowed any messenger or officer to search a suspected place without any evidence. It also allowed them to seize people without even saying what they did wrong or showing evidence of their wrongdoings. Virginia also banned the use of general warrants later due to other fears. Then on December 15,1791 the Fourth Amendment was added into the Bill of Rights…
· The Fourth Amendment protects American citizens’ “houses, papers, and effects, against unreasonable searches and seizures.” This means that if a government official or police officer wants to search your person or your property, he/she cannot do so without a judicial warrant and/or probable cause.…
Protection from improbable search and seizure is something the Fourth Amendment ensures, and while this can be beneficial to people who want their privacy, it can also prevent law enforcement from collecting evidence that is critical for cases. As mentioned before, the FISA Amendment Act has been playing a big part in proving whether or not the Fourth Amendment is being followed. The Patriot Act amended the FISA Amendment Act which expanded the monitoring of people's metadata such as phone…
In the Constitution of the United States of America, the first 10 Amendments are called, “The Bill of Rights.” 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 place to be searched, and the persons or things to be seized.” To this day, that amendment is active without any changes. Why do you think? I’ll explain why I think it has lasted over 220 years in our country.…
According to Cornell University Law School the fourth amendment is, “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,…