The 4th 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 place to be searched, and the persons or things to be seized.”
In the context of the 4th amendment, a search is considered or happens, “when a governmental employee or agent of the government violates an individual's reasonable expectation of privacy.” (Ryan) An example of a search under the 4th amendment is forms of searches such as stip searches or visual body searches but they have to be supported by a probable cause and be conducted in a reasonable matter. A seizure of an individual under the 4th amendment means or happens , “when the police's conduct would communicate to a reasonable person, taking into account the circumstances surrounding the encounter, that the person is not free to ignore the police presence and leave at his will.” (Ryan) An example
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An example of this is the case above of Brinegar v. United States of a petitioner was charged...on charges of transporting intoxicating liquor into Oklahoma contrary to the laws of that State...it appeared that one of the federal agents who made the search and seizure had arrested petitioner five months previously for illegally transporting liquor; that he had twice seen petitioner loading liquor into a car or truck in Missouri, where the sale of liquor was legal, and that he knew petitioner had a reputation for hauling liquor.” (Cornell Law School) In this case the man had already done or was witnessed doing the same thing a few months ago. He already had prior of doing the same record of transporting liquor making him already have a record of this similar even or
The First Amendment is the most important, because of freedom of religion and freedom of speech. Many people think that the fourth amendment is the most important. They think this, because it is important for a person to be able to tell policemen “No” if they ask you if they could search your car or your house. I believe that the fourth amendment is really important, but you wouldn’t be able to tell the policemen “No” if you didn’t have freedom of speech. George Washington said,”If the freedom of speech is taken away then dumb and silent we may be, like sheep to the slaughter” (“Famous Quotes Freedom of Speech”).Without freedom of speech and religion we are nothing.
The Weeks v United States case was the Supreme Court basis in determining to incorporate the Fourth Amendment into the Fourteenth Amendment due process clause and apply the exclusionary rule in state cases. In this essay, I am going to discuss the reason why the Supreme Court determine that the exclusionary rule should apply to the state police activity. Prior to the case of Weeks v United States, the state police activity “were not limited in their conduct by the Fourth Amendment” (Ingram p.81) and the exclusionary rule of Fourth Amendments illegal search and seizure only applies to federal law enforcement officers. Basically, it means that state law enforcement officials can illegally search and seized criminal activity evidence and court don’t prohibit the use of illegally obtained evidence in the trial court.
Protection against warrantless search and seizures is another protection the 4th Amendment provides. The government must get a warrant or court order from a federal judge before they can see who someone called, see how long the call was, and listen to the call. Apple is at war with the government because Apple encrypts everything on there phones, so no one else can see your personal information. There are reports written for public viewing when they are caught doing illegal and unconstitutional spying. The 4th Amendment also protects against destruction of personal property during a warrantless
The Fourth Amendment: The 4th amendment provides protection in regards to the issuance of warrants sans probable cause and protection against unreasonable searches and seizures. This amendment implements the limit of law enforcement power to conduct searches, seize property, and make arrests. The 4th amendment however does permit searches and seizures when reasonable justification as to why the police need to conduct a search is established. If an individual believes to have a well-founded expectation of privacy of the location or material being searched, the 4th amendment will be upheld. The 4th amendment is classified as the most significant in terms of criminal justice due to the fact police do not violate the fourth amendment by making reasonable mistakes, however, intentional ignorance of the law is not excused.
"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". The 4th amendment was made based on the Founding Fathers experience with the Kings agents and the all purpose rit of assistances that they used abusively. Without the 4th amendment, we would be at the will of the police because they could come into our household, search anything and take whatever they want. "A reasonable expatiation of privacy" the 4th amendment secures the protection of the people
Back in 1975, there was a major case called, Payton V. New York. Theodore Payton was suspected of murdering a gas station manager, they found evidence within his home that connected him with the crime. What caused the problem was the fact New York had a law that allowed unwarranted searches if the person was a suspect. Based off the oral argument presented by Oyez, the police said it didn't count as the evidence because it was in public view when entering the home. It had to be appealed before it was determined as unconstitutional.
Personal records given to the NSA or government without a probable cause or reasoning for a search warrant repels everything the Fourth Amendment represents. As said by Samuel Warren and Louis Brandeis “Now the right to life has come to the right to be let alone” with the government and other associations receiving the right to track records at any moment takes away from the feeling of security the Fourth Amendment is supposed to give citizens. The confidentiality of individual’s personal belongings, feeling of security, and freedom from governmental obstruction is what makes the Fourth Amendment important to society, although search-warrants can be issued with causes that seem reasonable.
Together with the other cases being filed with the Supreme Court from Kentucky, Ohio, and Tennessee, Americans could be looking at the first major change to the U.S. Constitution since the 27th Amendment, which Congress passed in 1992 to address salaries for members of Congress. Blogger, Richard Morgan, was quoted as saying, “Even counting from the Twenty-Seventh, for the first time since 1913 (when Congress passed two amendments), it will soon be possible for someone to enter law school having lived his or her entire life under a static Constitution (newrepublic.com, ” This amendment was proposed as part of the Bill of Rights back when America was still a budding nation. It was written and proposed by James Madison, Jr., who has always been one of my favorite historical figures. He was one of the most influential delegates of the 50 in attendance at the 1776 Continental Congress, one of the framers (not signers) of the U.S. Constitution, co-author of the propaganda machine called the Anti-Federalist papers as part of the Democratic-Republican Party (which later developed into the modern day Democratic franchise), and 4th President of the United States (whitehouse.gov,
If the 1st amendment never came to pass then the U.S. and most likely the world would be much different. The U.S. would probably be more focused on maintaining the Christian religion to the point of war. Which will leave the U.S. very vulnerable and we will definitely not be the land of the free. In regards to the most recent presidential election, I believe there needs to be a mandatory test you have to pass in order to vote.
The whole point of the Fourth Amendment is not to completely stop the police, because the amendment can be waived if an officer has a warrant, or a person’s consent. The Fourth Amendment states that generally a search or seizure is illegal unless there is a warrant, or special circumstances. Technically stating that a citizen is protected by the Fourth Amendment, until a government employee gets a warrant, and then they can invade a citizen’s privacy. Also people state that the FISA Court’s warrants are constitutional, but the NSA’s surveillance is unconstitutional. Even though people do not like the NSA’s surveillance, the NSA is legal because the FISA Court that the people did not mind makes it legal.
What I believe in is what every redneck in the United States believes in, 2nd Amendment rights. I personally collect guns from different eras of time (WWII, and Vietnam/ Korea). Back when our nation was first founded, many rights were under fire by a tyrant king several thousand miles away. Those loyal to the crown obeyed the new laws, those that were not so friendly…
The Fourteenth Amendment (Amendment XIV) The amendments were put into place to protect the rights and civil liberties of all American citizens from the federal government. However, prior to the fourteenth amendment, there was no certainty with the constitution. The constitution did not state in a clear enough way who was protected under it and exactly what rights you had as an American Citizen. The 14th amendment was in response to the just passed thirteenth amendment, which ended slavery in all of the southern states.
The first amendment of the United States Constitution protects citizens’ rights to; freedom of the press, peaceful assembly, religious freedom, the right to petition the government, and the right to free speech. The Constitution itself asserts: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” Interpreting the first amendment has always been a subject for debate, and many citizens of the United States are unaware of what is actually protected by the first amendment, specifically in regards to freedom of speech. This lack
The Fourth Amendment states that, “the rights 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.” This means that citizens of the United States of America are entitled to privacy and freedom from the government. With most things, there are limits set out to that privacy. Police officers can search your premises, which includes your car and your property. They can do this to look for and seize stolen materials, evidence of a crime, and illegal items such as: drugs, weed, or any illegal substance.
A search warrant is not required if a person gives consent to search. Your Fourth Amendment right would be waived if you give consent to search. The person would have the right to revoke their consent at any point during the search. If a person is being searched, he or she would be the only one to give consent to search them. A party other than the defendant can give consent.