The Fourth Amendment In The US

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 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 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

The Bill of Rights is a necessary piece of the Constitution, written to protect the people of the United States of America. The fourth amendment in particular is designed to protect one from unreasonable searches and seizures of ones property. A search or seizure is considered unreasonable without an issued search warrant. However, a peace officer may search without having a search warrant if there is probable cause. According to Cornell University Law School “The Fourth Amendment applies to the search and seizure of electronic devices.” The fourth amendment does have rules set for protection of telephonic and electronic activities requiring search warrants, but the terrorist attack on the World Trade Center has altered this law.

The 4th amendment, search and seizure causes a lot of problems. Search and Seizure is the rights that police have when they enter in a home. The standard for conducting a warrantless search, probable cause, is the same standard necessary for a warrant to issue. An illegal search or illegal seizure is a violation of your Fourth Amendment rights, and any evidence seized must be excluded from trial. Normally police need a search warrant to enter into a home unless they get the consent to enter in the home without one they normally don't go go into a home without anything. A terry pat is when a police officer can detain or conduct a reasonable search for weapons where the officer has the reason to believe the person is armed. Auto stops is

The 4th amendment written in the Bill of rights was passed on December 15, 1791. This amendment was very important and is very commonly used. This amendment states that police are prohibited doing any unreasonable searches or seizures without a warrant. Police are only allowed to search your property if there is an obvious problem going on and it can't be second guessed. Some things that a police can search with a warrant are legal papers, your home, and private property. This amendment is important because it helps with our safety and others. For example, if you were to be stopped because you were speeding and when you get pulled over, the police smells alcohol he is allowed to search your car for any other things that could be illegal or harmful to other. The police can do this without getting a warrant because it's not a huge crime that the person is committing but is instead it's a search for your safety. This amendment took a while to get passed but once it did many issues were resolved and it became very commonly used quickly. This

In recent times there has been a growing number of concerns regarding the way police officers perform arrests. Along with these arrests are searches conducted by officers which can sometimes be unconstitutional. The Fourth Amendment of the US Constitution protects its citizens by giving “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” (U.S. Const., amend. IV). This amendment aims to prevent officers from conducting random searches of a citizens’ property and aims to give them a reasonable expectation of privacy.

The government’s interpretation of the Fourth Amendment has been used to amass a collection of phone records, gain access to other records, and carry out search and seizure without a warrant; however, the government has used this approach to find threats to America.

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

The Fourth Amendment, provides protection to individuals during searches and detentions, and also prevents unlawfully seized items from being used as evidence against an individual in criminal cases. This simply means that no authority figure can pull you over, arrest you, or search you without a valid reason. The only way that an authority figure can actually pull you over or arrest you is if you are doing something illegal, although there are a few exceptions.

The fourth amendment to the United States Constitution is part of the Bill of Rights, and was introduced to Congress by James Madison in 1789. The role of the Fourth Amendment is to prohibit unreasonable search and seizure and a warrant is to be required that is supported by probable cause. Even though the Amendment was introduced in 1789, it wasn’t adopted as an official amendment until 1792, because in December of 1791 three quarters of the states had ratified the amendment. The fourth amendment had a case law that dealt specifically with three different questions: “what government activities constitute “search” and “seizure”; what constitutes probable cause for the actions that was taken; and how violations of the Fourth Amendment rights should be addressed”. (Brady)

The rationale for this amendment was in response of the colonist’s experience with the search and seizure practiced by employed by English officials. Under the authority of King of England officials were able to arbitrarily enter and search homes. The Fourth amendment was drafted in memory of the unreasonable, intrusive searches and seizures experienced by the colonist in the privacy of their homes.

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

My paper is going to be focused on the Fourth Amendment, which sets the baseline for searches and seizures. I will present what the Fourth Amendment is, what the rights of the individual are as stated in the Fourth Amendment, what limitations may be held within the Fourth Amendment, what must be included within the warrant, and more. I decided to write on this topic as I believe that it is important for us as citizens to know what our rights are, and not just rely on what we think we know about the Constitution. A country which is educated about the rights which they have, and utilizes these rights in the correct instances is a country which is governed by laws, and

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.