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What Is The Importance Of The Fourth Amendment

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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. Because of the fourth amendment, …show more content…

There are limits to their power. Throughout history, there have been several cases that helped shed light on the rules and regulations of searches and seizures. If I was given the opportunity to give a basic course to police officers about the legal boundaries of searches and seizures that is to guide them in their activity, I would inform them on the correct manner of handling a search and seizures to stop any unlawful behavior.
In the first lesson of the course, I would inform the police officers to know the difference in between reasonable suspicion and probable cause. Before even going into huge detail about that, I would make sure the first thing you have is a warrant because you need one before any search. In the infamous case, Arizona vs. Hicks, we truly learn the difference between the two words and the importance of a search warrant. A quick brief of

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Billy is on the phone with Bob while they are talking on the phone and someone coughs and it is neither of them. Well, the government are the only ones who can hack phones and listen to phone calls, the 4th amendment has allowed this to happen. The 4th amendment has gavin the right to law enforcement to be cruel and unfair about a search and seizure. Without a warrant you cannot search a person, well not anymore, the government can search anyone at any time in some scenarios. Normally, there is an abundant amount of evidence used to be given the permission to search one’s belongings, but since 9/11 law enforcement needs little evidence to be provided a search warrant.

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According to the Fourth Amendment, people have the right to be secure in their private property, and may only be searched with probable cause. However, in a recent case, this right was violated by the government. An Oregon citizen, with the initials of DLK, was suspected of growing marijuana in his home. The federal government used a thermal imager to scan his home, and were later given a warrant to physically search his home. However, many remain divided over whether or not this scan was constitutional, as there was no warrant at the time of the scan.

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A man named David Riley was arrested after a traffic stop in California. The police later searched Riley’s car and found several guns in the vehicle. The police then took his phone and with the information they found, were able to convict him of an unrelated shooting several weeks prior to the traffic stop. However, the police did not receive a warrant before looking through Riley’s phone. Some say that because the police were not granted a warrant they had violated the Fourth Amendment right that protects people from “unreasonable searches and seizures”.

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One of the few things that needs recognition is the Declaration of Independence and our 14th Amendment. After earning our independence, slavery and segregation occurred. For almost a century, whites treated African Americans unfairly until the 13th Amendment passed, the amendment to abolish slavery. Our whole country was in chaos for many years due to unfairness and racism. We all wouldn’t be have our rights today if it wasn’t for the 14th Amendment.

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I chose the 14th amendment because it seemed like an easy but interesting amendment. The 14th amendment was ratified on July 19th, 1868. The 14th amendment Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause, and deals with post-Civil War issues. The 14th amendment states simply what it means to become a U.S. citizen. The amendment was created to give all people in America, even slaves, the ability to become American citizens.

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The Fourth Amendment protects all citizens from unreasonable searches and seizures. The Fourth Amendment states any form of stalking, any form of eavesdropping, any form of searching and seizing are a violation of the 4th Amendment. This protects everyone of the United States(Oyez). Searching or seizing anything from someone in a private area without a

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The Fourteenth Amendment to the United States Constitution assured that people born in The United States are American citizens and individual states cannot deprive them of their constitutional rights. It also assured that all citizens in all states enjoyed not only rights on the federal level, but on the state level, too. In 1866, when the 14th Amendment was ratified, the U.S. was in the midst of Reconstruction, particularly in the south. Because all African-American people freed from slavery, they needed land, housing, jobs, etc, and the Republicans wanted equality to be protected by the Constitution itself, which is where the 14th Amendment came into play. People were unhappy with the fact that President Johnson vetoed the proposal of the 14th Amendment at first.

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The 4th Amendment may be aggravating for the police, but on the other hand is beneficial for United States citizens. The 4th Amendment preserves protection, produces citizens to feel secure, and prohibits insignificant searches. Without the involvement of the 4th Amendment in the United States, government or authorities could invade privacy and go through citizen’s belongings without any type of

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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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As illegal drug use have become a nationwide problem, public employers, like fire departments, are testing employees for illegal drug use. Fire departments want to keep a drug free environment but they must be aware of the legal aspects that limit their power to test for illegal drugs. In The Fourth Amendment to the United States Constitution protects the privacy of individuals against random and unreasonable intrusions by the government. As such, fire departments must only test employees for drug use in compliance with the Fourth Amendment. The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause.

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To begin, we need to understand the fourth amendment. The fourth amendment was created to prevent the government from breaching into our homes and convicting us of crimes based on evidence they discover within our homes. It was vital to state unreasonable searches in the constitution, and an unreasonable search is a search done without

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The Fourth Amendment protects American citizens from unlawful searches and seizures. Although, if a government agency has a lawful reason the court will present them with a search warrant. This Amendment protects American Citizens from having their personal property searched by the government without a search warrant. With the Fourth Amendment American citizens feel safe and secure from unlawful searches and seizures. The amendment also prevents worry of government trespassing without a warrant.

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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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There has been many controversial issues about the “stop-and-frisk” law. One side believes that it is racially profiling the communities of minorities and the other side believes that it is helping communities rise away from violence. There is a lot of history and background on stop-and-frisk and how it originated in the United States, especially in different places around the world. This law has been very controversial even within the law itself, so controversial states are debating on getting rid of it completely. Many politicians speak on this tactic in both positive and negative ways and the statistical growths and decreases on this topic.

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Stop and search is one of the powers available to police officers and it is present in different acts, the most known is the Police and Criminal Evidence Act 1984. Under PACE section 1, “a police constable can stop and search a person if he has reasonable grounds to suspect that a person is in possession of stolen or prohibited articles” (Bowling and Phillips, 2007); the authors continue by adding that suspicion must be based on facts, information, intelligence, and it must be objective. Before PACE 1984, different powers of stop and search were incorporated within local and national legislation (Brown, 1997 cited by Miller, 2010), one was the Vagrancy Act 1824 (The Police Foundation, 2012), known as the “sus” law which allowed police officers to stop and search individuals who were about to commit a felony (Whitfield, 2009). The greatest use was in London and in other specific cities and towns. Where stop and search did not exist, police used “ways and means act” to obtain consent from those they wished to stop and search (Whitfield, 2009).

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