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The Fourth Amendment

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The Fourth Amendment affirms that "people are secure against unreasonable searches and seizures, no Warrants shall issue, describe the place to search, and the persons or things to be seized." There should be a warrant for everything if what a person is being charged for is risking their rights as a U.S citizen. For example the privacy of a citizen is safe under the Fourth Amendment. Second, the property belonging to U.S citizens is secure from search and seizure without a warrant. Third, due to the Fourth Amendment, any citizen is safe from unfair arrests. Even though warrants help citizens they also make it more difficult for detectives and they make it difficult for government to collect evidence to use it against someone who actually commits …show more content…

For instance, when abandoned property is seized without a warrant, it does not break any of the rules of the Fourth Amendment and it does not violate the Fourth Amendment (Strasser 1). Meaning, if items are deserted they can be seized under government custody without authorization. In addition, an object seized in plain sight without a warrant does not represent seizures and does not define seizures based upon the Fourth Amendment. Strasser identifies that if an object is seized in clear vision it is not considered a seizure. Warrantless searches or seizures of private properties are typically illegal unless there are justified exceptions (Strasser 1). Therefore, the only way a search and seizure of a citizens’ private property is legal is with a reasonable exception. Furthermore, the Fourth Amendment keeps the belongings of American people secure from warrantless searches and …show more content…

For example, in certain circumstances where a police officer has a legible belief that a suspect has perpetrated a crime, or if a suspect is a threat to public security a warrantless arrest may be valid (Strasser 1). Meaning, if a police officer has a good reason to believe a suspect has done something illegal, and if they arrest the suspect without a warrant it might be okay. According to Strasser, “A warrantless arrest may be justified where probable cause and urgent need are present prior to the arrest” (1). Therefore, a warrantless arrest might be validated where likely cause and imperative need are present previous to the arrest. An arrest without a warrant may be disregarded, if the police officer fails to demonstrate vital circumstances (Strasser 1). Signifying, if an officer cannot prove important situations the arrest of someone may be canceled. As a result of the Fourth Amendment, U.S citizens are protected from unfair or unwanted

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It specifically states that a person is protected in their home or possessions from unreasonable seizures and searches by officers. It adds that a warrant may not be issued without credible cause defended by oath or

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The Fourth Amendment to the United States Consitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant be judicially sanctioned and supported by probable cause. The common misconception is that it simply covers what it states. In the age of development and new technology, it is likely that what we consider secrets or personal information is not as secret or personal as we once believed. Important pieces of evidence or information have often been found through illegal means, and this has led to many cases that change the way the constitution and the Fourth Amendment affect

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The patriot act has in my opion violated the 4th amendment. It has its advantages as far as terrorizim but to normal citzens this is a complete violation of our privacy. bThe late Benjermin Franklin warned us about trading our liberty for sucureity. This act has taken away a lot of our liberties it gives the government way too much power to invade our privacy. They now have unprecedented power to monitor the phone calls, e-mails, without a warrant.

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The Fourth Amendment the Search and Seizure amendment was first passed by Congress on September 25, 1789 (National Constitution Center) that states the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures (National Constitution Center). For the first one hundred years after this amendment was This amendment of the Constitution has been used by both civilians and governmental officials as proof of why they believe an incident that occurred was fair, or unfair. However, there have been times when deciding the fairness or unfairness has not been crystal clear. For instance, the case of Tennessee v. Garner that was first argued on October 30, 1984, and later decided upon on March

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This exception applies where it would be “impracticable” to apply for a warrant or to mandate probable cause (Griffin v. Wisconson). The case of MacWade v. Kelly outlines the test for whether the special needs doctrine should apply in a specific case. The first premise is that the search must be for a purpose beyond the state’s general interest in law enforcement. The second premise is that a warrantless search must be deemed “reasonable”. In determining reasonableness, the court must consider “the weight and immediacy of the government interest, the nature of the privacy interest allegedly compromised by the search, the character of the intrusion imposed by the search, and the efficacy of the search in advancing the government interest”.

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70 Words | 1 Pages

Unreasonable search and seizure is an asset in this country. It is an asset in this country because the police have to have rules also. If America did away with the fourth Amendment there would not be any crime because the police will be able to arrest anyone without probable cause. The police would have such much power that people will be afraid to even drive through a stop sign.

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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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The U.S. Constitution allows for freedom from unreasonable search and seizure by public sector officials. This is stated in the 4th Amendment of the Constitution. The public sector cannot search personal belongings without probable cause, or in most situations a warrant. Vile cites (Vile,J,2010, A Companion to the United States Constitution and Its Amendments,p.141)," The Fourth Amendment thus begins by specifying that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures shall not be violated. "

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1034 Words | 5 Pages

In the United States, there are many times in which police officers conduct illegal searched and seizures, in hopes of finding evidence that will get an accused a conviction. Under the Fourth Amendment, individuals have a right to be protected from such situations. In 1957, there was a case in which police received a tip from an informant in regard to a bombing and the suspect responsible for the recent bombings (Peak, K. & Everett, P., 2016). The police went to the woman's home and forced themselves in to obtain any evidence that they could find. Evidence was found at the home and the woman was later convicted.

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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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1058 Words | 5 Pages

Would you like your home to be searched in the middle of the night and have all of your stuff thrown on the ground just because a police officer may think that you have been doing something illegal? Luckily your Fourth amendment right protects you from this ever happening. The purpose of the Fourth Amendment is to protect U.S. citizens from unreasonable searches and seizures by the government. During the revolutionary war the British had imposed the writs of assistance which was a law that gave British government much more power over American Individuals. Americans were very unhappy with the writs of assistance because many would be thrown in jail without reason or a very weak one and their property would be destroyed by British officials

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295 Words | 2 Pages

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, 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" (Administrative Office, n.d.) The key to this is unreasonable searches and seizures. I am using a government-owned device and if my employer believes I have something to hide that could be hurtful or harmful, he should be allowed to search my device without waiting for a warrant. The only time it would be infringing on my rights protected by the Fourth Amendment is if he is being unreasonable and only checking whenever he felt like being nosey.

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752 Words | 4 Pages

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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939 Words | 4 Pages

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.

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