The Fourth Amendment - 1515 Words

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†¦show more content†¦These include the Katz test, the exclusionary rule, and pertaining to Berger vs. New York, this case examined whether or not evidence obtained by eavesdropping could be used in court. So back to one of my previou s thoughts that even if the founder fathers could not view the challenges that the future would bring their amendments, we as a people, through a number of different circumstances, have come up with new parts to apply to the amendments that keep them pertinent in our modern society. Also aside from the exclusionary rule which helps the citizens if evidence is illegally obtained that it cannot be used against them in court, but in the mid 1980s the good faith exception was first instituted. This was created to help the police force or any force in use of a warrant but held an error outside of their control. In short, this helped if the warrant held a mistake but it was not the policemen’s fault so even if evidence was obtained it can still be used in court even with a flawed warrant. If none of these previsions have been taken into account I would have to say that I strongly disagree with the fourth amendment in this current date because we would applying a law that was created so long ago without any concern to how it should be updated. Since the amendment has been ratified, and within this past century it has been adjusted according to fit within our needs andShow MoreRelatedThe On The Fourth Amendment1265 Words   |  6 PagesThe Fourth Amendment generally requires a warrant for the search and seizure of personal property, but no warrant is necessary when the owner voluntarily consents to the search or seizure. However, an owner may revoke his or her permission prior to the completion of the search, and the court admits the evidence found prior to the owner revoking consent. The United States Court of Appeals for the Eleventh Circuit has repeatedly held that the government may search a photocopy of a document afterRead MoreThe Fourth Amendment And The Fourteenth Amendment987 Words   |  4 PagesCitizens are protected by two constitutional amendments, under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises (including a vehicle), and any seizure of tangible ev idence, must be reasonable. 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 particularlyRead MoreThe Fourth Amendment : The Second Amendment943 Words   |  4 Pages The Fourth Amendment Noah Fleck November 30, 2015 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 knowRead MoreThe Fourth Amendment And The Fifth Amendment Essay1594 Words   |  7 Pagesand 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 searchesRead MoreThe Second Amendment And The Fourth Amendment1384 Words   |  6 Pagesinfringement of the fourth. Using the lessons learned from history, the framers of the constitutions created the fourth amendment, which protects from unreasonable searches, and the fifth amendment, which prevents a person from incriminating himself or herself, to create a government with just laws, but with the advancement in technology, the fourth amendment needs to expand its policies to fit the changes in modern society. Drawing from lessons of history, the framers created the Fifth Amendment which protectsRead MoreThe Fourth Amendment And The Second Amendment1694 Words   |  7 PagesThe Fourth Amendment was passed by Congress on September 25, 1789. However, it was ratified on December 15, 1791. The Fourth Amendment is part of the first 10 Amendments which form the Bill of Rights. The Fourth Amendment is made to protect people from unlawful searches and seizures. This means that the police can t search a person’s house without a warrant or probable cause. The founders of the Fourth amendment believed that freedom from government intrusion into one’s home is a natural rightRead MoreThe Fourth Amendment And Fifth Amendment1585 Words   |  7 PagesThe three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. The Fourth Amendment protects the right of people to be secure in their persons, papers, and effects, again st unreasonable searches and seizures. (Peak, 2015, p.181). The Fifth Amendment protects the accused against self-incrimination, double jeopardy, and life, liberty, and property. Meaning no person will be forced to be a witness against themselves, they cannotRead MoreThe Fourth Amendment Of The Constitution1107 Words   |  5 PagesThe Fourth Amendment of the Constitution was ratified in 1791 and is an important amendment in the Bill of Rights. The Fourth Amendment is â€Å"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 issueRead MoreThe Fourth Amendment Of The Constitution1365 Words   |  6 Pages Homework 1 1. The Fourth Amendment of the U.S Constitution says, â€Å"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, supportedRead MoreThe Fourth Amendment And Warrants1710 Words   |  7 PagesThe Fourth Amendment and Warrants The US Bill of Rights, written to limit government power in response to the tyranny of England on the colonies, gave birth to the first 10 amendments to the Constitution. The fourth amendment, contained within the Bill of Rights, will be the principle subject in this research paper. Swanson, Chamelin, Territo and Taylor (2012), noted the Constitution’s fourth amendment stated the following: The Right of the people to be secure in their persons, houses, papers,