The Pros And Cons Of The Fourth Amendment

The Fourth Amendment is one of the most important constitutional protections; however, several procedural issues may arise. As seen in this case, the validity of the search warrant was questioned as well as the extent of the protection afforded. A search may be illegal even if a search warrant was issued; probable cause is

• The Court has have recognized special situations in which warrants were not required, including: border searches; consent searches; container searches; exigent circumstances; searches incident to a lawful arrest; plain view; special needs; stop and frisk; and inventory searches.

As we grow up, there are certain rights that we develop as people as we age. For example, at the age of 18 we are given the right to vote in elections as well as purchase tobacco if we so choose too. But there are certain rights, given to all citizens of the United States, independent of age, that also can not be taken away. As an example, the 1st amendment allows for the freedom of religion, press, speech, assembly, and petition. The 14th amendment gives citizenship to all people who are born or naturalized in the United States. In today’s day in age however, one amendment has become quite controversial, the 4th amendment. This amendment protects people against unreasonable and unlawful search and seizure and that warrants may not be issued unless there is probable cause. What becomes controversial now is whether or not this amendment includes the protection of what a person says or does on the internet as well as what a person says to another well calling another person. The 4th 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.” In its current phrasing it is vague enough to push the boundaries of what is protected and what isn’t. For this reason it needs to be updated to fit

The Fourth Amendment of the U.S. Constitution provides 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." The Fourth Amendment does not guarantee protection from all searches and seizures, but only those done by the government and deemed unreasonable under the law. To claim violation of Fourth Amendment as the basis for suppressing a relevant evidence, the court had long required that the claimant must prove that he/she was the victim of an invasion of privacy to have a valid standing to claim protection under the Fourth Amendment.

“In the dark shadow of the grove… [Ichabod] beheld something huge, misshapen, black and towering...up in the gloom...some gigantic monster” and “summoning up, [from his trembling body] a show of courage...he demanded in stammering accents- ‘Who are you?’”. In the short story, the “Legend of Sleepy Hollow”, Washington Irving, tells the adventures of a schoolteacher, Ichabod Crane, in the haunted town of Sleepy Hollow. There, he pursues the local beauty, Katrina van Tassel, competing with the town’s rowdy prankster, Brom Bones. As the plot intensifies, Ichabod’s superstition eventually leads to his downfall when he is chased by the legendary ghost of the Headless Horseman in a terrifying and vivid scene after a party at Katrina’s house. The next day, Ichabod has disappeared, his fate unknown. Throughout the story, Irving creates suspense with the use of imagery to build up a frightening scene in the reader’s mind and ambiguity to make them anxious as they feel a sense of mysteriousness as to what really happened.

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

The fourth amendment protects against “arbitrary arrests, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other

Over the past decades The Fourth Amendment of the United States Constitution has been very controversial. One of the most debated issues in the courts and among civilians, with regards to the Fourth Amendment, is finding a precise and clear description of what is permissible by law, and also provides individuals their rights, and assures that law enforcement uses proper discretion. The median personnel in all cases involve law enforcement agencies. Generally speaking, if there is a court cases dealing with the Fourth Amendment, there was an initial incident that included law enforcement, such as a police or sheriff.

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

Everyone has a quality that they do not like about themselves. Some people struggle to be social, others may be too controlling of people. The list goes on and on, but the point is that everybody has a particular quality that they must learn to control or else that particular quality can get out of hand. Of course, one could write a list of characters that have major flaws. There is no better example than William Shakespeare’s character, Macbeth, in The Tragedy of Macbeth. Anyone who has ever read it, could easily identify the fatal flaw that the character Macbeth possesses which is greed. Even though many readers can all agree that greed is Macbeth’s fatal flaw, the argument as to whether or not

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.

When conducting possible searches and seizers, the Fourth Amendment is made to protect unreasonable conduct. Due to

Music and Influence “Music, the science or art of ordering tones or sounds in succession, in combination, and in temporal relationships to produce a composition having unity and continuity” (Merriam-Webster Dictionary. 2017). You can hear music and be transported back to your childhood, a first love, a bad breakup or a specific moment in time. I would recall nothing as immediate or emotional. This is an experience shared by everyone.

The fourth amendment was created to protect the individual rights form governmental intrusion. The fourth amendment protects the right of the people to be secure against unreasonable searches and seizures. This shall not be violated and no warrants shall issue unless it is upon probable cause. It was established on December 15, 1791 during the colonial era. When the 4th Amendment became part of the Constitution, it was originally only applied to the federal government. Then it was applied to the states through the Due Process Clause of the 14th Amendment. The fourth amendment is so important to American, because it is the natural right of the people and the protection from intrusion. Now in society many people do not understand that the

The right of the people to be secure in their persons, 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.