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Pros And Cons Of Fourth Amendment

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The Fourth Amendment is “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.” In other words, it is against the law for police to search any person without probable cause and an issued warrant. (Cartoon Surveillance) This protects the privacy of the innocent people that may not be considered guilty. However, giving the people a right to a warrant is only giving them an advantage, while the police and the government have a disadvantage. Issuing warrants take away time and privilege for police. Needing a warrant may unable police to some investigations as well. The Fourth Amendment was created for safety and privacy reasons, but has deterred the efficacy of law-enforcement; needing a search warrant makes gathering evidence harder, police investigations have been delayed, and the Exclusionary Rule causes some investigations to be inadmissible. Needing a search warrant made collecting evidence much harder for the government and police. On spot searches are not allowed, or any type of search for that matter, unless there is probable cause. …show more content…

The Exclusionary Rule is grounded in the Fourth Amendment and it is intended to protect citizens from police doing illegal searches and collecting evidence. (How the) This means all evidence that was collected is inadmissible. However, this information is important and could help to label a criminal guilty. Criminal convictions have been minimal under this rule and criminals are getting away with more. The Exclusionary Rule only hampers police investigations. (How the) Without the rule non guilty parties convicted could be freed with reliable evidence. With having to have search warrants so that the evidence collected is considered “legal” only wastes

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Now although the office filled the warrant out he didn’t specify which unit in a multi-family housing unit was supposed to be search. Unfortunately, the police raided the wrong house or residence, which in returned caused them to kick down the door as well as terrorize an innocent family. Therefore, an innocent person could have gotten killed which has happened before in New York. However, the requirement that the location of a search warrant be specific isn’t “a technicality” but a core principle of the Fourth Amendment (washingtonpost.com. n.d.). Therefore, the reason that the Fourth Amendment was created goes back to the general warrants that the British crown issued to English

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Numerous cases have been affected by this, and sometimes they’re even thrown out. The exclusionary rule is very controversial. Critics argue that if the police act improperly or illegally they should face punishment for breaking the law, but evidence should not be excluded from court. In the past 25 years court rulings have made exceptions to the exclusionary rule in certain cases or circumstances when evidence was gathered illegally or improperly. For example, if a police officer appears to have made a mistake or error while having good intentions, when it followed incorrect legal guidance or relied on incorrect information provided by another

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The exclusionary rule can make evidence inadmissible in the court of law if that evidence was illegally obtained by a police officer. This protects an individual from unlawful searches and serves as an effective deterrent for police misconduct. One could argue that a mistake on the officer’s behalf should not result in the release of a criminal. This assertion would be reasonable if these fourth amendment violations committed by police officers were honest mistakes. Unfortunately, some illegal evidence is found because of deliberate misconduct by the police.

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The Fourth Amendment should be stricter because law enforcement agencies

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Our founding fathers created the Bill Of Rights which are the first ten amendments to the Constitution of the United States. One of the most important amendments is the Fourth Amendment. It 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”(p. 11). What are our founding fathers were trying to do is keep our country from a police state, a state in which law enforcement could enter our homes without probable cause. This protection provides the citizens of the

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291 Words | 2 Pages

Amendment IV is still used in modern times. Most often, Amendment IV comes into play during criminal trials, because in the 1950s, Supreme Court ruled that any evidence obtained an an unlawful search are ineligible to appear in court. However, this is very controversial because the illegal evidence might prove that the criminal is guilty, but the defendant will escape without punishment since it cannot be used. In addition, Amendment IV, in modern years, has been challenged and discussed often because of many contentious search and seizure incidents involving government or police. Recently, the government has been gathering information on American citizens’ Internet and telephone use in an effort to intercept terrorist activity online and over

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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.

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A system that does not establish guidelines and follows the constitutional provisions is a system that is more susceptible to corruption. As in the case of Mapp v. Ohio, the evidence would not have been held inadmissible in accordance to the exclusionary rule if the police would have taken the time get a warrant stating where to search and for what specific person or objects (warrant was not presented during trial) and the police should have communicated and cooperated with the defendant’s attorney. It may not be reasonable to let a guilty individual go free, but it is also not reasonable to violate constitutional rights. The fault of the release would then fall on the improper procedures of the officers, not the

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There are many amendments that our founding fathers created that help many people in the united states. They created theses amendment to protect the people and also because they seen theses thing happened to many people. The fourth amendment is one of the amendment that helped many people to protect their rights. Also it helps the government from abusing its power.

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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.

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The fourth amendment can be beneficial but, it can also to some U.S. citizens be invasion of privacy. The fourth 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,” some U.S. citizens believe that Law Enforcement, the Government and the NSA are violating the required guidelines of the Fourth Amendment. The NSA is conducted a mass U.S. surveillance not to believe specific individuals may be engaging in terrorist activity, but instead to believe all of us may be engaging in such activity. The government mass surveillance proves that U.S. citizens are considered suspects at all times. With the Patriot Act the NSA has access to

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427 Words | 2 Pages

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.

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Everyday people are accused of doing things they did or didn’t do and police go through their things, the fourth amendment protects people from being searched. The fourth amendment has helped many people in the U.S.A. everyday. Its meaning and purpose is to protect U.S. citizens belongings. Which has an enduring impact on lots of peoples lives.

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In addition, the law enforcement only needs to be “supported by a probable cause” or an “arrest warrant,” to search a United States citizen. Although, the police officer could arrest a suspect to stop them from running away or to preserve evidence. Besides the Fourth Amendment is still beneficial for all United States

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505 Words | 3 Pages

The procedurals rights for The Fourth Amendment is freedom from unreasonable search and seizures without warrant or probable cause, a judge sign warrants only if it stipulates that the concerning area or material articles and particular persons are seized. Searches are the intrusion into an individual home, business, or property by law enforcement officers to prove with evidence the crime committed. A seizure is when investigators conduct a search of a person's property and confiscate any significant evidence to the crime in violation of the criminal law (Bohm & Haley, 2011). There are two kinds of search and seized warrants the Fourth Amendment permits according to the Supreme Court, those made without or with a warrant. A warrant

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