Examples Of Threats To The Fourth Amendment

• Fourth Amendment jurisprudence is primarily concentrated in four areas: 1) defining “searches”; 2) the Warrant Requirement, in which warrantless searches are semantically precluded except in specific and tightly constricted situations; 3) the Probable Cause Requirement, whose exclusive provisions are closely associated with the Warrant Requirement’s proscription of police inquiries into same; and, 4) the exclusionary rule, which presumptively excludes any information or evidence gathered in violation of the preceding two (Rickless, 2005).

The government does not have the right to go own your property without a warrant. It seems that the government doesn’t even care about the Amendment anymore because they are violating that Amendment in so many different cases. In 4th Amendment, it specifically says “ 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” it means that a government official cannot go on your property, car or phone without a judge-signed warrant with probable cause.

The Fourth Amendment has two basic premises. One focuses on the reasonableness of a search and seizure, and the other on warrants. One view is that the two are distinct, while another view is that the second helps explain the first. However, which interpretation is correct is unclear. In addition, law enforcement today differs sharply from the period in which the Constitution 's framers lived. During that period, no organized police forces existed that were even remotely like those of today. In contrast, today 's law enforcement officials seem to have broad authority to search and seize. These powers are not generally subject to either statutory or regulatory control, and common law limitations are generally ill defined and

The Fourth Amendment allows U.S. citizen to feel secure. And that security is not going to change because the fourth amendment is “set in stone” (salon.com, 2013). Obama did speak on the security of phone calls and he said the government looks at the duration phone calls and their numbers. However, he did go on to say “This program, by the way, is fully overseen not just by Congress, but by the FISA Court, a court specially put together to evaluate classified programs to make sure that the executive branch, or government generally, is not abusing them and that they’re — it’s being out consistent with the Constitution and rule of law” (www.fednews.com). The Judicial Oversight on the information that the government receives allows citizens to

Fourth Amendment protects people from unreasonable searches and seizures of certain papers, books, documents etc. Rules are not violated in it. There must be probable reason because in order to arrest a particular person without a search warrant. It possesses an oath or affirmation from the government. It has two fundamental rights as Right to privacy and Right to freedom. Search occurs when it has a correct reason that was obligated by the government people. Private individuals are violated from this amendment. A seizure happens the owner must has a right documents with him on his own property, if not the documents is seized and the person gets arrested. Sometimes the property belongs to other possessor but in mistake reasonable person gets involved in the task. The banning of unreasonable searches can violate many things to be happen.

1. Identify and describe the three possible alternatives for applying the Fourth Amendment to “stop and frisk” situations. Also, identify which alternative the U.S. Supreme Court adopted and explain why.

Although the Constitution gives us this freedom, there are instances when police and government violate it. For instance, a case concerning desecration of the fourth amendment is Mapp V. Ohio. This situation was taken place in Cleveland, Ohio and involved police entering a Citizen named Mapp’s house without a search warrant. The police entered Mapp’s basement because they believed he was involved in sheltering a suspected bomber. At court, Mapp insisted that her fourth amendment rights had been sullied and the high court said evidence was detained unlawfully. Without a search warrant, it could not be used in criminal trials. This case is a perfect example of our rights being dishonored by police. In conclusion, the court modified and

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)

Is the 4th amendment still valuable in modern society since the 4th amendment can no longer be directly applied with the rise of new technology? 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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”(Fourth Amendment). This amendment originally was created to protect houses from being raided uncontrollably in the mid 17th century. Obviously in the 17th century technology such as the internet did not exist yet, so important documents and information were on paper. Therefore all the significant documents were stored in a house, or building making it easy to secure them. Similarly because of the 4th Amendment their house couldn’t be searched without a warrant so all of their important documents would be safe. Fast forward 300 years many things have changed and society is still using an outdated document to judge modern society which calls for an evolved amendment. For example, the 4th Amendment is no longer directly viable since the internet and phones weren’t created during the time period the Bill of Rights was made. Ultimately the 4th Amendment is extremely valuable because it provides us the protection against unreasonable searches and seizures, which can be inferred

Unreasonable, warrantless searches and seizures should not take place because it violates the Fourth Amendment of the U.S Constitution by depriving the right to privacy. A search is when an individual's privacy is violated; the privacy of an individual is violated by a Government employee or agent. When a search occurs, a warrant must be present or the privacy of the individual is deprived; one’s privacy is also deprived when a warrantless seizure occurs. The seizure of property is when the government takes possession of an individual's property. Warrantless seizures of property are mostly prohibited, unless there are justifiable expectations. The Wall Street Journal stated, "you can’t have a hundred percent security and then have a hundred

1. The Fourth Amendment of the U.S Constitution says, “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.”

Many years ago, the United States Constitution was created as a guideline for the newly formed government to run this country as well as secure protection rights of all citizens. Since then, there have been many incidents that question the violation of citizens’ rights under the Constitution, such as the violation of the fourth amendment which protects citizens from unreasonable searches and seizures especially in the school system and on college campuses. 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” (O’Brien, 2014). As this pertains to those citizens who are students, whether it be in the primary, secondary, or post-secondary setting, the question that unveils itself is whether or not students are entitled to their constitutional rights, in this case, the fourth amendment’s rights, while in the school environment.

The Fourth Amendment of the Constitution was ratified in 1791 and is an important amendment in the Bill of Rights. 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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Charles Wetterer). The issue of searching and seizing first originated in Britain in the mid-1700’s where British officers had general warrants to search citizens. While this became an issue for citizens in Britain, it became apparent also in the colonies where British soldiers were searching with only general warrants. Many citizens believed it was an invasion of privacy. So after independence from Britain, and the failure of the Articles of Confederation, the Constitution was produced. George Mason, an important political figure in Virginia, had written the Virginia Declaration of Rights, and he and other delegates believed the primary purpose of the government was to protect the rights of its citizens. To further that, he believed citizens had the right to be secure from unlawful searches and seizures. Once the idea of the Bill of Rights came into play, the Fourth Amendment was also created. The Fourth Amendment actually guarantees two things: You cannot search or seize unless you have a warrant and a

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

Place yourself in the safety and comfort of your home, under the belief that “everyone has the right to the use and enjoyment of his property” (Department of International Law), searching, emailing, and talking about things that may be frowned upon by others. Now imagine the raw feelings of fear and deception that would wash over you upon seeing Edward Snowden’s statement on how “the U.S. government is destroying privacy, internet freedom and basic liberties for people around the world with this massive surveillance machine they 're secretly building.” You may initially feel betrayed, but Obama formally announced that the NSA acts solely in the name of safety right? Have we begun to sacrifice the freedom and