4th Amendment Essay examples - 1107 Words

4th Amendment In the late 1700s 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 peoples right to privacy and security. (Encarta Online) 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†¦show more content†¦(Encarta Online) In the case Horton v. California 1990, police entered a house with a warrant that was given to search the house for stolen jewelry. While searching the house they found illegal weapons in plain view. The officers seized weapons as well as the stolen jewelry. In 1990 the court ruled in the case, Greenwood v. California, the court approved a search of garbage that was left on the curb without a warrant. One other situation that an officer can enter a home and seize evidence is if there is an emergency and it is vital for he or she to enter. (History Channel Online) In the case Michigan v. Tyler, 1978, there was evidence that two furniture dealers of committed a crime when the store was on fire. While searching an automobile there is a different standard. For example, in the case Chimel v. California, the automobile was a ?movable scene of crime.? Evidence could be gone by the time a warrant could be issued. In California v. Acevedo, 1991, the court set down a rule that covers all automobile searches. It was ruled that, ?when ever police lawfully stops a car, they do not need a warrant to search anything in that vehicle that they do not have a reason to believe holds evidence of a crime.? (Grolier Encyclopedia) As a result of Weeks v. United States, 1914, the court embraced the exclusionary rule. The exclusionary rule says that evidence gained as a result of an illegalShow MoreRelated4th Amendment Essay2109 Words   |  9 PagesAll 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, housesRead MoreFourth Amendment 4th Amendment1596 Words   |  7 PagesThe 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 theRead MoreImportance Of The 4th Amendment707 Words   |  3 Pagessaid ,† 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 canRead MoreThe 4th Amendment : Amendments To The American Revolution1802 Words   |  8 PagesAmerican colonists did not like these search and seizures and was one of the factors contributing to the American Revolution. The 10 Amendments as known as the Bill of rights were created to protect a person from excessive government powers. The 4th Amendment proposes that the searching of one’s property without a search warrant would be found unconstitutional. The 4th amendment specifically states that â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonableRead MoreNsa s Surveillance Program : A Violation Of The 4th Amendment1585 Words   |  7 PagesArturs Kazijevs PLSC 1320 4/14/2014 The NSA’s Surveillance Program: A Violation of the 4th Amendment Edward Snowden’s disclosures have brought to light many secret government actions that were previously unknown. One of the most controversial government programs that Snowden disclosed was how the National Security Agency (NSA) collected virtually every phone record for calls made in the United States between US citizens. It makes sense to monitor phone calls to or from callers located outsideRead MoreDrones in America and How They Infringe on the 4th Amendment and Due Process of the Law2930 Words   |  12 PagesConstitutional Law II Dr. Jeffery Swain Florida Memorial University Drones In America And How They Infringe On The Fourth Amendment and Due Process Of The Law Abstract The purpose of this research paper is to show how unmanned aerial vehicles, better known as UAV’s or drones infringe on the Fourth Amendment and Due Process of the law. The Fourth Amendment states; † the right of the people to be secure in their persons, houses, papers and effects against unreasonable search and seizuresRead MoreKing Case Study Individual Paper978 Words   |  4 Pagesgiven as to how the Fourth and Fifth Amendments are applied to cybercrimes, as well as an explanation how the Fourth and Fifth Amendments were addressed in this case. Further explanation on how the King ruling may apply to other cases involving computers or other devices that contain electronic evidence is provided. The 4th and 5th Amendments Applied To Cybercrimes The 4th Amendment can be applied to cybercrimes, but not the 5th Amendment. However, the 4th Amendment’s protection in regards to computersRead MoreDrug Testing Of The United States1430 Words   |  6 PagesFirstly, the case involves a 4th Amendment of the constitution regarding the right to unreasonable search and seizures. Particularly, the case is about a Springfield University conducting random drug testing of the students because they have been getting various students cases, where a student was found to be involved abusing illegal controlled substances. The university conducted a survey to get knowledge from the students about abusing illegal substances such as marijuana, heroin, cocaine, methamphetamineRead MoreThe Bill Of Rights Of The United States Constitution1501 Words   |  7 Pagesa historical documents that has the first 10 amendments to the United States Constitution. The purpose of the Bill of Rights is for greater constitutional protection for our own indi vidual liberties. It has a list of specific prohibitions on government power. There were only 12 amendments originally for the state legislatures and only picked 10 for all the states and those are known as the Bill of Rights, but there are 27 amendments in total. Amendments 3 through 12 were adopted by the United StatesRead MoreCriminal Procedure Essay1419 Words   |  6 Pagesmoderate values; therefore generating conflict evident throughout the years. This paper discusses models, crime control and due process, and how each affects the criminal procedure; as well be an inclusion of the review and assessment of several amendments and how each applies to both models. Contrast between crime control and due process models The crime control model incorporates upholding principles that demonstrate the traditional values of the criminal justice system. Supporters of this model