4th amendment essay

4th amendment essay

Amendment four is about giving you the right to be safe in your home and your property. There shouldn’t be any unreasonable searches or seizures. The fourth amendment is better than all the other amendments because it gives you protection in your house, no warrants should be issued, and proving is better than inferring Fourth Amendment Essay Examples The Fourth Amendment. The Fourth Amendment affirms that "people are secure against unreasonable searches and seizures, Argumentative Essay: The Fourth Amendment. The Fourth Amendment is no unreasonable searches and seizures without a Essay On Fifth Amendment Fourth Amendment Importance Essay The Bill of Rights was created in and is, “in response to calls from several states for greater constitutional protection for individual liberties, the Bill of Rights lists specific prohibitions on governmental power

The Fourth Amendment: [Essay Example], words GradesFixer

My right to privacy at home, in my car, and within my emails is one of the most fundamental rights protecting about who I am as a person. One of the amendments that present this right is the Fourth Amendment to the US Constitution. The definition of the Fourth Amendment is very simple — it forbids the act of unreasonable searches and seizures. 4th amendment essay requires a warrant, 4th amendment essay, issued by a magistrate, judge or Supreme Court Official for a law enforcement officer to be able to conduct a search of a person, at his location or vehicle. At the time of the American Revolution, the Fourth Amendment was proposed by James Madison in The amendment grew from the War of Independence and the struggle of the colonists against the British rule.

Officers were allowed to question anyone about their goods and force agreement of any person. These kinds of searches and seizures became a regular thing in the colonies but over time the colonists became furious. The US Congress proposed the amendment to the states on September 28, On March 1,the Secretary of State, 4th amendment essay, Thomas Jefferson, announced the approval of the amendment. To avoid the abuse of power and a violation of the Fourth Amendment by providing either too general reasons for a search warrant, and allowing low ranking officials to issue warrants, the US constitution requires a certain level of authority and a legitimate purpose to be present, 4th amendment essay.

Although, a warrant is needed in theory before the police can search, there are acceptable exemptions. On the other hand, there are consequences to a warrantless search, 4th amendment essay. The Supreme Court ruled in the s that if the police seizes evidence without a warrant, it will be written as an illegal search, and then the evidence is not allowed 4th amendment essay court and even if the defendant could be guilty, the court has to let him walk crimeless and disregard the evidence which was obtained illegally.

Randolph case. Randolph was also present at the time of the search, however, and objected to the police request. The trial court ruled for the prosecution, but the appellate court and Georgia Supreme Court both sided with Randolph, finding that a search is unconstitutional if one resident objects, even if another resident consents. In a 5 to 3 decision, the Supreme Court held that when two co-occupants are present and one consents to a search while the other refuses, the search is not constitutional. Justice David Souter, in the majority opinion, compared the reasonableness of such a search to a more casual interaction. One of those rules is the knock-and-announce rule. They also have to wait a 4th amendment essay amount of time for the residents to let them into their residence.

This is shown in the case of Hudson v. Hudson was convicted of drug and firearm possession in state court 4th amendment essay police found cocaine and a gun in his home. The trial judge ruled that the evidence found in the home could therefore not be used, but the Michigan Court of Appeals reversed based on two Michigan Supreme Court cases that created an exception to the suppression of evidence when the evidence in question would have inevitably been found. Justice Stephen Breyer wrote a dissenting opinion and was joined by Justices Stevens, Souter, and Ginsburg. The dissent also expressed doubt that knock-and-announce violations could be deterred without excluding the evidence obtained from the searches.

Inrevelations were made about a massive spying program by the government on almost all American citizens. There have been plenty of police-citizen confrontations about search and seizure, where unarmed civilians have been shot during car searches for refusing search without a warrant. According to the statistics, most of these victims have been African Americans. Another problem is the rapid increase in numbers of the use of cheap aerial surveillance technology, such 4th amendment essay drones, it becomes easier to violate our privacy and spy 4th amendment essay our daily lives. This technology 4th amendment essay so easily acquired, the government, as well as everyday people, can use it for bad intentions. However, due to the Fourth Amendment, certain regulations now exist, such as the need for a license or permission to film people and property in private areas.

Can the Fourth Amendment protect us against the intrusion of the government and the commercial surveillance of the big companies? I believe that the Fourth Amendment is still very relevant today, and it does protect privacy at a certain level, however, there are many exceptions and unresolved dilemmas. In conclusion, although life circumstances have changed over time, the interpretation of the Fourth Amendment has evolved as well, as seen in the cases cited above. Maybe today, the Founding Fathers would not be able to make sense of our reality and the new technologies used to control our lives. However, we are still trying to make sense of the constitutional protection of our privacy which they have formulated and still use it as a legal protection against the invasion of our privacy.

Of course, privacy is a broader concept and cuts across several constitutional areas for legal protection: the first amendment, the third amendment, fifth amendment, and the fourteenth amendment. Remember: This is just a sample from a fellow student. Starting from 3 hours delivery. Sorry, copying is not allowed on our website. We will occasionally send you account related emails. This essay is not unique, 4th amendment essay. Sorry, we could not paraphrase this essay, 4th amendment essay. Our professional writers can rewrite it and get you a unique paper. Want us to write one just for you? We use cookies to personalyze your web-site experience. This essay has been submitted by a student. This is not an example of the work written by professional essay writers.

Get help with writing. This is just a sample. Your time is important. Get essay help. Related Essays Statutory Interoperation Essay, 4th amendment essay. Separation of Power in India and Its Consequences Essay. The of Rule of Law Essay. The original Constitution of the Land Essay. The Fourth Amendment Essay. Indian Law Essay. Hong Kong: History, 4th amendment essay, Economy, Political System 4th amendment essay. The UK Law vs preservation of life and the privacy and dignity of an individual Essay. Proposed federal system of government in the Philippines Essay.

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The Fourth Amendment Explained: US Government Review

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Fourth Amendment Importance Essay The Bill of Rights was created in and is, “in response to calls from several states for greater constitutional protection for individual liberties, the Bill of Rights lists specific prohibitions on governmental power Amendment four is about giving you the right to be safe in your home and your property. There shouldn’t be any unreasonable searches or seizures. The fourth amendment is better than all the other amendments because it gives you protection in your house, no warrants should be issued, and proving is better than inferring Dec 25,  · Fourth amendment explanation. The sanction had to be made to identify suspicious activities when people are communicating. Although it may seem impossible to capture all data and information, the department tries to get as much as it can. Secrecy and unpredictability characterize terrorism