The Fourth Amendment Search and Seizures The fourth amendment protects individual’s privacy as well as their right to be free from unreasonable search and seizure into their home. It relates to situations such as police stops on the road, and searches of homes and businesses. It was written in 1789 and accepted and ratified in 1791. It was written with the belief that a “man’s house is his castle” and thereby should be protected from such intrusion. It was argued that anyone could fall into a criminally charged state and should therefore be afforded these protections. The 4th amendment is considered the foundation of criminal law and jurisprudence and articulates both the rights of the people and the responsibility of police officials. It is quoted from the Encyclopedia Britannica that “the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, …show more content…
If an individual’s constitutional right are violated under the 4th amendment and evidence is obtained the evidence cannot be used in a criminal case in court. (findlaw amendment 4 annotation 2, n.d.) In regard to vehicle search and seizures the 4th amendment applies to an individual who has been pulled over. Under the 4th amendment an officer could not search a vehicle without a warrant unless they had probable cause. Such as an individual who is visiably intoxicated, or items that are in plain view. Or even if the officer can smell marijuana coming from the vehicle. Anything seized during such an unlawful search could not be used in court in regard to the criminal case. I do believe that we need these protections. Not only do they protect individuals from having their rights violated but they protect the officers who abide by these rules. Too often police officers are disregarding personal