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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 under this Amendment (Findlaw, 2014). This Amendment took effect on December 15, 1791 which formed a section of the bill of rights that would guard people against unreasonable and/illegal searches and seizures. To understand the Fourth Amendment you need to know what it protects you from. This Amendment protects the citizen from a law enforcement officer from apprehending or seizing a person on a routine stop or arrest. Under this Amendment police cannot search places or items that have legitimate privacy such as the person, clothing, a purse, luggage, and vehicles for some examples. While reviewing this article a few cases came up which showed how this Amendment devolved over the past 220 years throughout history?
The first case I would like to talk about is Katz v. United States (1967) in which the defendant Charles Katz who broke federal law by running an illegal gambling operation across state lines. Once the federal agents found out about Katz operation they decided to wiretap a public phone booth that he used to do his business without having a warrant. Even though the agents only listen to Katz’s conversations they still did not have the right to tap the phone. During the trial Katz argued that the warrantless wiretapping did constitute as an unreasonable search of a "constitutionally protected area" which was a violation of the Fourth Amendment of the United States. The Supreme Court agreed with Katz and with a vote of seven to one stating that any warrantless wiretapping is considered an unreasonable search and it violated the...

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