4th Amendment Essay

1095 words - 4 pages

4th Amendment

In the late 1700's the 4th Amendment was written because of strong objections to the Writs of Assistance or general warrants. The Writs Assistance gave officials the right to enter any home and seize belongings without a reasonable cause. (Grolier Encyclopedia) The 4th amendment was ratified in the Bill of Rights on December 15, 1771. This amendment protects the people's right to privacy and security. (Encarta Online)
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.' (Encarta Online) In the court case of Katz v. United States it was said that, 'the 4th Amendment protects the people and not certain areas against search and seizure.' (Katz v. U.S.) Without this amendment people would have no claim over their personal privacy, or security. Any officer could enter homes and take any evidence that could be used to make an arrest or that could be used for prosecution in court.
In order for police or any other higher authority to search and seize evidence from a suspect legally, it is required that a judge must grant a search warrant. (Encarta Online) The warrant authorizes the officer to seize particularly described items and to bring them before the court that issued the warrant. In common law, search warrants were used mainly to discover stolen property. In
modern law, they have a variety of items, including intoxicating liquors, gambling implements, counterfeiters' tools, burglars' tools, smuggled goods, obscene literature, narcotics, illegal firearms and any article the possession of which is a crime or which may be used in evidence. (Encarta Online) The warrant must specify the place where the search is to be made and the property to be seized. An officer cannot get a warrant from a judge in any circumstance. (Grolier Encyclopedia) The officer may have to give a reasonable cause. As ruled in the case of Illinois v. Gates in 1983, ?to establish probable cause, one must show a probability of criminal activity; a prima facie hearing is not required.? (Illinois v. Gates) The accused has the right to fight the grounds when the warrant was attained by means of a trial.

In most situations there are some exceptions. An officer is not allowed to get a search warrant if evidence to a crime is in plain view. (Encarta Online) In the case Horton v. California 1990, police entered a house with a warrant that was given to search the house for stolen jewelry. While searching the house they found illegal weapons in plain view. The officers seized weapons as well as the stolen jewelry. In 1990 the court ruled in the case, Greenwood v. California, the court approved a search of garbage that was left on the curb without a...

Find Another Essay On 4th Amendment

The 4th Amendment Essay

676 words - 3 pages The article that I have chosen to review is about the Fourth Amendment of the United States Constitution which talks about search and seizures. Under this Amendment the citizens of the United States are protected against personal privacy, and they have the right to be free from unreasonable government intrusion into their persons, homes, businesses, and properties. Also, police stops of citizens on the street, arrests, or searches are limited

This paper is a detailed example of the 4th amendment

651 words - 3 pages violation of the Fourth Amendment, which provides all Americans with protection from unreasonable searches.1. United States v. Arvizu, 534 U.S. 266 (Jan. 16, 2002) (9-0) (Border Patrol stop was based on reasonable suspicion); United States v. Knights, 534 U.S. 112 (Dec. 10, 2001) (9-0) (warrantless search of probationer's home was permissible on reasonable suspicion); United States v. Drayton, 536 U.S. 194 (June 17, 2002) (6-3) (passenger questioned on

Supreme Court Cases: The Contrast in the Constitution and Constitutional Law

1177 words - 5 pages . June 4, 1928), which differed in ruling; one eventually overturning the other. Finally, a conclusion is drawn as to the importance of these case decisions in the lives of Americans. Constitution v. Constitutional Law The Fourth (4th) Amendment of the U.S. Constitution provides that “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

Legality of the NSA Phone Surveillance

1047 words - 5 pages The NSA phone surveillance program started after the passage of the U.S PATRIOT Act after the terrorists attacks of 9/11. At the time this program seemed necessary to prevent another attack, but since then the people have come to see the program is unnecessary and overreaching. The National Security Agency phone surveillance program is illegal because it violates the 4th Amendment, has not helped significantly in counterterrorism, and is an

Unreasonable Searches By Police Are Illegal

846 words - 3 pages equal. “Liberty is freedom from arbitrary or government” (http://dictionary.com/), and the Fourth amendment assures that we have the freedom of privacy from the United States government. The Bill of Rights is ten rights that could not be taken away from people. The court Case Board of Education V. Earls (12/26/01) deals with the 4th amendment. Earl’s is a student at a school that requires students to have urine samples to see if they are

Criminial Procedure Policy - CJA 315 - Essay

1450 words - 6 pages citizens right to privacy, freedom from unreasonable search and seizure of their person, home and the personal effects within them. The government, law enforcement and all other officials must first secure a legal warrant, granted by a judge, before the can enter a property to search for evidence. The warrant must specify what evidence they are searching for and where they intend to search. When the 4th Amendment was becoming an enacted part of

Legalizing Gambling

702 words - 3 pages for Amendment 33.      On November 4th, 2003 the voters will decide wether or not the amendment will pass. With more pros then cons it should be an easy chose for voters to make. If Amendment 33 passes there will be a better Colorado for all of us to enjoy. The economy will improve, there will be more jobs; and more money in the state. The revenue generated will be used to help better the state, and improve and build schools and maintain local and national parks. On Tuesday November 4th, 2003 remember to vote yes for amendment 33.

Exclusionary Rule: How, When, and Why Was it Established?

1046 words - 4 pages allowed to use it because it violated an individual’s 4th Amendment rights. The defendant, Fremont Weeks, was convicted of using the mail system to allocate chances in lottery [considered gambling in Missouri] which was unlawful. The federal agents had searched the defendant’s house and seized evidence more than once without consent or a warrant (Weeks v. United States, 232 U.S. 383, 1914). Thirty-five years later after Weeks’ case, the

Scavenger hunt assignment follow the questions to find an answer - English II - Essay

1940 words - 8 pages LAWS AND COURT DECISIONS OF OTHER STATES 33. Explain Privileges and Immunities. EACH STATE’S CITIZENS RECEIVE EQUAL TREATMENT IN ALL STATES Ex. Same-Sex Marriage??????????? 34. What limitation is put on admitting new states to the Union? CONGRESS HAS POWER TO ADMITT NEW STATES Article V- Changing the Constitution 35. What fraction of the houses of Congress is necessary to approve a proposed Amendment? It takes a 3/4th vote to approve a proposed

Criminal Procedure

1355 words - 5 pages process and the increase of prison population. It is difficult to select which model reflects the actual system of justice. Regardless of either model, the conflict will continue between both for there will always be a need for incapacitation as well as punishment. The Fourth Amendment Many non-supporters of certain individual rights’ violations dispute the 4th amendment’s objective. Throughout years and countless court decisions that have

Is Roe Viable?

677 words - 3 pages On the website http://www.tourolaw.edu/patch/Roe/ , the opinion of the court issued by Justice Blackmun, stated in the suit brought forth against the state of Texas in Roe v Wade, there were alleged infractions against 5 of Roe's constitutional rights. These were against her 1st, 4th, 5th, 9th, and 14th amendment rights. Although the final decision was based on the violation of her 14th amendment rights, there were also arguably violations

Similar Essays

Balancing 4th Amendment Rights Essay

664 words - 3 pages defines the rights of individuals from unlawful search and seizure within the framework of the 4th Amendment. The protection against unlawful search and seizure in the 4th amendment becomes meaningless if that protection can be circumvented through the use of illegally obtained evidence (during the search and seizure). Prior to the ruling in Mapp v. Ohio in 1961 thirty states, including Ohio, had rejected the exclusionary rule put in place in the case

4th Amendment Violations Essay

1940 words - 8 pages The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case. The 4th

Analysis Of The 4th Amendment

780 words - 4 pages The Bill of Rights or the first 10 amendments to the Constitution was proposed to Congress in 1789 by James Madison in response to the Anti- Federalist movement that lobbied for an extended amount of rights that would further safeguard liberty. The 4th amendment in particular was drafted to acknowledge the abuse of the writ of assistance, a “search warrant” issued by the British government to search boats that were thought to contain smuggled

Government Espionage And The 4th Amendment

855 words - 3 pages such. But what you may not have heard of is that these are nothing compared to what the government has already been doing. For years, the government of the United States of America has been using technology to spy on its citizens. These are chiefly the programs Echelon and Carnivore, two uses of technology that violate almost every clause of the 4th amendment and should be dealt with.Shortly after the second world war, the governments of the