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Why fourth amendment is important essay
The importance of the fourth amendment
Critical analysis of the 4th amendment
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The Fourth Amendment should be stricter because law enforcement agencies
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.”
The 14th Amendment was ratified to the Constitution on July 9, 1868 and it allowed citizenship to all the people that were born or naturalized in the United States. The 14th Amendment substantially enlarged the safety of civil rights to all American citizens and is mentioned in more legal action than any other amendment. The Fourteenth Amendment involves essential ideas, advantages, exceptions, citizenship, due process, and equivalent protection. All of these involvements are included in Section One, also known as the Naturalization Clause. Before the Fourteenth Amendment was included, people that lived in the states were considered citizens of the United States.
In his chapter “Another Country” , David Shipler writes about his belief that the Fourth Amendment rights of American citizens are being infringed upon by the modern day police force. He explains how, through the years, various court cases have changed the interpretation of the Fourth Amendment, giving police the power to justify questionable methods regarding the searches of individuals, their vehicles, and other personal belongings. Shipler uses examples of firsthand experience working with policemen who specifically abused these changes in order to conduct such questionable searches. These examples involved the “frisking” of individuals as well as the stopping and searching of individuals’ vehicles without their direct consent.
Before the 20th century, there were few, if any, cases based on the Fourth Amendment. However, as surveillance by law enforcers became more common, these tactics, and others, were scrutinized in court cases throughout the 20th and 21st century. Within the past 50 years there have been more and more cases held to determine whether or not a citizen’s right were being violated or if authorities were within the law. Like a story with multiple timelines, the outcome of a case disputing the fourth amendment is not always clear or predictable. PII Like many of the other amendments, already established traditions of British law supported the concept of the IV Amendment.
On the other hand, this amendment makes it strenuous to conduct surveillance without a probable cause. The Fourth Amendment was a suitable change to the Constitution because it ensures citizens’ privacy cannot be invaded, ensures citizens’ property is secure from seizure, and stipulates searches must be approved by a judge although it makes finding evidence
The 14th Amendment was a milestone in the United States history. It is the sole amendment that keeps our people and their rights together. The rights of the people are a major aspect to keeping the American society going in a positive direction. With no rights, the government of the United States would be purely communism with one leader giving all of the orders. In most cases, history has proven that way of running your society is not the most successful way of doing things.
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 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 writ of assistances that they used abusively. Without the 4th amendment, we would be at the mercy 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
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.
The fourth amendment protects us from many things, including the seizure of our property and possessions and unnecessary frisking. It was created to prevent the government and its branches from unlawfully violating privacy, and that’s how it should work, theoretically. Traditionally, a violation of our Fourth Amendment rights involved a physical invasion, like the seizure of papers or personal items, without a warrant. However, in this day and age, officers rarely need to physically violate this right to gain incriminating evidence. Many government agencies have a few skeletons in their closets when it comes to this.
The biggest benefit of the 4th amendment is that it deters searches. The law enforcement will not be able to search you without transgressing the law. Thus your car will not be probed if you were to be pulled over by the police, without your sanction. Furthermore your personal items: backpack, house, or phone are not sanctioned to be confiscated without a warrant or your sanction. Consequently denizens feel very confident because there privacy is forfended.
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.
The Fourth Amendment is having the right to privacy; the police can’t go into your home without permission from the homeowners or the judge. Both of these amendments are indeed valuable to Americans because they allow us to express ourselves and be who we want to be with privacy. I believe the First Amendment is vital because it allows people to stand up for what they believe in and choose their path in life. It lets us convey with other people to express our commonalities with the world.
The biggest benefit of the Fourth Amendment is that it deters searches. A search under the Fourth Amendment is “when a governmental employee or an agent of the government violates an individual 's reasonable expectation of privacy” (Legal Information). If the government were to invade a citizen’s property no law enforcement shall search the human, but upon probable cause. The court will be the one to tell if the search falls under the Fourth Amendment, if it were to fall under the Fourth Amendment the citizen would not be searched. In addition, when the law enforcement believes searching a citizen is reasonable, no excessive force shall be used.
