Against The Fourth Amendment

Ever since the 1960 's the justice system has been under construction because of the innovative precedents.There has been a constant debate about the justification of the people and how police conduct has an impact. the framework of the fourth amendment will give a better understanding on how the fourth amendment is used.

"The right of the people to be secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issue, but apon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or thing to be seized (U.S Const,. amend IV)."

Under the fourth amendment no one should be searched or seized

Ohio, 367 U.S 436 (1966) and Weeks v. United States, 232 U.S. 383 (1914) will explain in debt on how the fourth amendment has been adjusted to fit the justce system. People who are not part of law enforcemt should not interven with investigations because it makes the issue more diffuclt, but like every law or rule it can be justified. they are two factors that can be consided when determinding when a private person is acting as an "instrument of the state." one way private people can be justified is by how much the government had influenced the private person. another way this can be justifiable is when the governent is using the person to obtain eveidence ( 'the discovery of the criminal activity or evidence").

An exaplple of n the fourth amendment was being violated is the case, Burdeau v. McDowell, 256 U.S 465, 475 (1921) is the case that stared the debate of public and private searches. this case is about a privtae person enterning and searching McDowell 's office. he seized specific papers and turned them over a public prosecutor who wantted to use it in court. Since eveince was not a pursuant and the government did not play a role in the prcoess of the searcha nd seizure the court ruled for the papers to be returned. This case was not successful because the search and seizure wnet againist the fourth

"The defination of what constitute a "search" within the emaing of the fourth Amendment was, until 1967, closely tied to property law concepts. police action whould deemed for a search if it consituted a commin law trespass."

(Katz vs. United states) evidence can not be suppress if law enforcemnt sees criminal activity.

during the Katz v. United States the government "intruted as the "univited ear". This case brought the fourth amendment into a modern era. Federal agents suppected a amn name Charles Katz of bookmaking, placed a listening device againist a publoc phone booth that Katez used.

"The Government 's activied is electronically listening to and recording words violated the privacy upon which KAtz justifiably relied while using the telephone booth and thus constituted a search and seizure whithin the meaning of the fourth amendment")

the court concluded with help of an unanimous votes that the police violate the fourth amendment.

In conclusion, the fourth amendement came a far way with the wording. The fouth amendment is another example of the law can be