Article VI 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.” –U.S. Constitutional Amendments Preface I choose the fourth amendment for two reasons: - It recognizes a right that, inevitably, cannot be taken away from a person. - It was not written out of spite, but out of experience. I personally feel like this is an issue that, had there not been a provision in the Constitution, would have created some serious issues with the colonists. The Fourth Amendment …show more content…
This case made people think about reasoning for entering one’s home. There were certain “guidelines” drawn up such as murder in self-defense and the allowance of a Sheriff to enter if the door is already open). Entick v. Carrington One of the most famous cases that influenced the Fourth Amendment was that of Entick v. Carrington. This was only one of many civil cases against officials who raided people’s homes and other places in search of materials connected with John Wilkes' political pamphlets that attack both the government and the King. Mr. Entick, who was an associate of John Wilkes, sued because agents had entered his house forcefully and broken into desks and boxes that were locked. They then seized pamphlets, charts, and other printed materials. The courts decided the warrant gave the officials the right to search and seizure and the ability to issue a warrant for all a person's papers rather than only those accused of being criminal ''contrary to the genius of the law of England.'' The warrant was said to be invalid because it had no probable cause and no record was made of what had been seized. The Supreme Court has said this case is a guide to understanding what the Framers meant when writing the Fourth Amendment. Putting the Amendment to Use The reasoning for such an amendment was obvious. What the amendment really expresses are the rights to officials and people alike. An official
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 4th amendment has been tested in the Supreme Court.”Police officers in Kansas City, Missouri went to the house of Mr. Fremont Weeks and used his hidden key to enter
The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. These pamphlets however ridiculed the king and his ministers. After finding this out the king issued warrants to have the pamphleteer’s homes ransacked and stripped of all their books and papers. Even back then the pamphleteers knew that their rights
According to the United States Constitution and the Bill of Rights, the Fourth Amendment can be best defined as an amendment providing 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 (Fourth, 2012). In general terms, the Fourth Amendment protects from illegal searches and seizures performed by governmental agents. In 1763, William Pitt stated that under any circumstance or living condition, whether the roof was falling in or the walls allowed wind through, even the King of England was not allowed entrance into ones home (History, 2016).
The English case became a guide that helped the framers of the United States of America’s Constitution in establishing this amendment. At the time of writing, the only valid solution to an illegal search and seizure was a law-suit to gain money to pay for damages caused (Meese 3). Within the colonies, the only purpose to conduct searches and seizures was for the sole reason that colonists were smuggling in goods following the taxation from the English crown. In cases regarding colonial smugglers, James Otis was able to defend on the basis of the “writs of assistance” (Meese 3). The founding fathers became aware of the issues of unreasonable searches and seizures, thus establishing the Fourth Amendment. To govern this amendments activity, a body of law was established by our nation’s courts on the levels of state and federal (Meese 3).
All Americans are entitled to their rights. The Fourth Amendment states that we the people have to deny search and seizures from law enforcement without a warrant. The fourth amendment generally prohibits police from entering a home without a warrant unless the circumstances fit an established exception to the warrant requirement. According to the book The Constitution: Our Written Legacy by Joseph A. Melusky, the Fourth Amendment gives the right of the people to be secure in their person, houses, papers, and effects against unreasonable searches and seizures. Although we are entitled to these rights, police sometimes use and abuse their authority. In many cases, the Fourth Amendment has helped prove the innocence of one’s actions.
Throughout history, there are many cases that violated that right of the citizen especially the Fourth Amendment. What is the Fourth Amendment and why do many people challenge this amendment? The Fourth Amendment is the right of the people to be secure in their persons, houses, and effects against unreasonable searches and seizures, shall not violate, and no warrants shall issue, but upon probable cause. The biggest problem with this amendment that many people tried to challenge is what is reasonable or unreasonable to searches and seizures. One case that challenges the Fourth Amendment is New Jersey v. T.L.O. that was argued on “March 28, 1984” ("New Jersey v. T.L.O." Oyez) and reargued on “October 2, 1984” ("New Jersey
The Fourth Amendment in the Bill of Rights is the foundation for life of citizens in the United States: everyone needs it, and without it, they would crumble and fall subject to government tyranny. In the case of the Fourth Amendment, the framers needed to find a way to protect the people of their country, whether it was for citizens to be secure in their houses, their papers, or their person, the framers had to amend a law that would defend their country and its beliefs against government intrusion. The Fourth Amendment was implemented into the Bill of Rights to ensure citizens received a fair trial, to ensure that their inherent right of privacy was protected, and to ensure the government had less power.
Sandra Day O'Connor once said ,” Statutes authorizing unreasonable searches were the core concern of the framers of the 4th Amendment.”(Sandra Day O’Conner) This means that the Fourth Amendment was very important too the individuals that made this Amendment and to the citizens of the United States of America. The Fourth Amendment was added to the Constitution of the United States of America on December 15, 1791.This Amendment is very important because it gives people the privacy that they deserve.This also means no one can just come into your house and search your house for no reason and take all of your possessions. The only way they can do this is if they have a warrant or a probable cause that you are hiding something.The Fourth
The Fourth Amendment was part of the Bill of Rights on September 5, 1789, but it was added to the Constitution on December 15, 1791. The government cannot arrest a person if they have committed a crime. It also goes to the government as well. The Fourth or IV Amendment is a well known law because the police can’t search you, it give you protection and you won't be arrested if you say no to a policeman that they can search you.
The intent of the Fourth Amendment is to guarantee security against unreasonable governmental searches. Because school officials are actually
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.
Put yourself in the shoes of a drug dealer. Your “associate” is napping in the back seat while you are transporting 54 grams of cocaine. Then suddenly you get pulled over, its soon made clear you were just being warned about a broken tail light. The officer notices the man sleeping in the back and gets suspicious. Following through with his request, you allow the officer the search your car, concluding with him finding your stache of illegal drugs. Regardless of your protection from unreasonable searches and seizures under the Fourth Amendment, the officer can still use the evidence against you.
The amendment that I would like to change is the “Fourth amendment.” Right now the “Fourth amendment” means “limited on searches and seizures” (Sidlow/Henschen 87). If I have the authority to change the “Fourth amendment,” then I would modify the “search and seizures” to be no limit for professional criminals. It is because professional criminals can outsmart the police and they could possibly hide their weapons and drugs somewhere around the area. For safety reason, it is better to be safe than sorry. Victims may look innocent, but they could hide something illegally from the police. For an example, if the victim refuses to let the police search his or her car, the police would search the car anyway, but the police cannot use the evidence
The 4th Amendment is a result of the concerns that the colonists had excessive powers used by the King of England to search homes and property. The