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 …show more content…
This was a main reason to make the Fourth Amendment. They also new that in the future it would be very helpful to America. Although police officers have been fighting about this amendment and how they can’t search more people who they think is guilty this amendment protects all citizens of the United States and gives us the right that all Americans deserve.
Another Reason is that this Amendment protects all citizens. In Fox News it had two stories of people coming to search their home without a warrant. Mary Ann and James Stumbo one day just out of the blue a social worker came to there house and demanded to go into their house and speak to their children in private. This startled the Stumbo and they asked her if she had a warrant and she did not. The Stumbos felt very worried that this social worker wanted to talk to there kids alone.This social worker came back and she had court orders for the family to not interfere with the ongoing investigation.This happened because someone called the Department of Social services and said there kid was outside with no clothes on. Of course the Stumbos got a lawyer, and the court decided that it was the social worker's demands, and not the behavior of the Stumbos, that was unlawful.(Fox news) Another example is of Larry Hiibel. He was smoking a cigarette and a random police officer came up to him and demanded to know his name. Larry of course
The purpose for the Fourth Amendment is to protect people from intrusion of the government in areas where they have a reasonable expectation of privacy. It prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances. “The Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction. Surveillance and investigatory actions taken by strictly private persons, such as private investigators, suspicious spouses, or nosey neighbors, are not governed by the Fourth Amendment” (Criminal.Findlaw.com, 2013).
The Fourth Amendment to the United States Constitution 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”. It consists of two clauses, the reasonableness clause which focuses on the reasonableness of a search and seizure and the warrant clause which limits the scope of a search. There are many views on how the Fourth Amendment should be interpreted, especially by today’s standards. The world has evolved significantly since the implementation of the Bill of Rights. As it evolved, time brought about numerous cases on the applicability of the Fourth Amendment. When plaintiffs are not satisfied with the decision of lower courts, they can
The 4th Amendment of the United States Constitution states that the police cannot make arrest, search citizens and their property without a warrant, take away objects or participate in surveillance unless given authorization from a judge or if the issue needs a search or seizure without the court's approval (The
The 4th Amendment, Prohibits warrants and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate, was put in the constitution because it protects people from searchers in their homes when the police do not have a warrant. When this amendment was passed it was only for federal government. It was later made the states do this to protect the people’s freedom. The Swindle law group stated “The founders believed that freedom from government intrusion into one’s home was a natural right [One granted from God] and fundamental to liberty. “They also might have put the 4th amendment in because King George’s searchers were normally extremely broad.
The Fourth Amendment is the first line protection against the government and their officials from violating our privacy. The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place. This Amendment protects us in the following situations such as being questioned while walking down the street, being pulled over while driving, entering individual’s homes for arrest and searching of evidence while there. In most scenarios, police officer may not search or seize an individual or his or her property unless the officer has a valid search warrant, a valid arrest warrant, or a belief rising to the
These pursuits are regularly unsuccessful on getting the criminals, and instead this policy is going against the 4th Amendment. Regarding the Bill of Rights the 4th Amendment is what gives us the citizens the right to be safe and secure in our personal space and also it protects us against any unreasonable searches without any documentation or probable
To begin with, the most important parts of the 4th amendment is the right to have the sense of security of your property and your individual rights . For instance a preceden is Katz v ohio this shows that the government can go too far with their search and seizure procedure. Today there is 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.
The fourth amendment gives people the right to not get illegally search. In other words someone can’t just run up to you and search you they have to have a good reason too search you.. The fourth amendment however is not guaranteed against all searches and seizures, but only those that are deemed unreasonable under the law.
The Fourth Amendment of the Constitution was created so authorities should need a warrant to search a home or property, for U.S. citizens have freedom from arbitrary governmental intrusions, and for all searches and seizures must be reasonable. Although, an officer should be able to search on the spot if they feel they have probable cause. “The 4th Amendment and the personal rights it secures have a long history. At the
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 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 of the United States Constitution applies to a person and their home by providing protection against unreasonable seizures and searches. While it provides protection, not every search and seizure can be deemed unreasonable unless it is classified as per the law, by determining whether there was: a) the level of intrusion of the individuals Fourth Amendment, and b) whether or not it pertains to the government’s interest, such as safety of the public.
Today the Fourth Amendment is very important, because law enforcement cannot do searches and seizures inside a home or an officer observes weird activity which leads the officer to conclude that criminal activity may be afoot, however without a warrant that would be an unreasonable and would be an illegal thing to do ("What Does the Fourth Amendment Mean?"). This amendment helps us feel like we are protected from the law officials when we feel like they have power over us and sometimes us U.S. Citizens feel
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.
The Fourth Amendment reads, “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 legal definition of Fourth Amendment. Fourth Amendment synonyms by the Free Online Law Dictionary", n.d.). The fourth amendment prohibits “unreasonable searches and seizures” (Gardner & Anderson, 2012, p.