The 4th Amendment
There were few, if any, provisions of the Bill of Rights that grew so directly from the experience of the colonials as did the Fourth Amendment. "The right of the people to be secure in their persons, houses, paper and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue upon probable cause, support by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." This is the Fourth Amendment within the Bill of Rights of the Constitution of the United States of America. This amendment guarantees "the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." This means that the government cannot use police power in ways that would unjustly expose citizens to government confrontation. The type of government we have in the United States of America is a democracy. A democracy can be defined as a system of governme!nt in which supreme authority rests with the people. With this system of rule, the individual has a lot of power. The 1st, 4th, and 14th Amendments attempt to uphold the sentiments of The United States Declaration of Independence.
------------------------------------------------------------------------ ars at random to check whether they are intoxicated and they may have to take a sobriety test. The general idea of the Fourth Amendment is basically that police have no right to invade people's privacy to gain evidence or property. There must be a probable cause and in most cases a warrant issued by a judge. There have been many court cases and arguments over this amendment, and it still stands strong as a proper and fair description of personal rights of the American people. Today, there are certain situations where a warrant is not needed unlike the seriousness of needing one for the search of a private home. For example, police do not need to obtain search warrants to search through garbage that people have placed outside their home. If something the police want is in plain view, also outside of the home, that can be seized. If evidence is gained without a warrant or in another illegal way, it cannot be used against the person from whom it was seized. Besides searching of personal property, searching of persons is conducted. That occurs only if the police believes someone to be armed or have in their possession something dangerous. If that is believed, police may stop someone in public and search them. If the person in a public place is believed to have committed a crime or is about to commit a crime, the person in question may be searched or even arrested. An arrest, of course, is a seizure of a person. Police also may stop drivers in c! nary rule. The problem is, if an unlawful search or seizure does occur, what use can be made of the evidence that is found? If that "tainted evidence" can be used in court, then the 4th Amendment offers no real protection to a person accused of a crime. The exclusionary rule deals with this by stating the rule that evidence gained as a result of an illegal act by police cannot be used against the person from who it was seized. One of the most important issues dealing with the Fourth Amendment is the problem with the security of private homes. There must be s
Some common words found in the essay are:
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Approximate Word count = 1418
Approximate Pages = 6 (250 words per page double spaced)
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