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What Was The Importance Of The Fourth Amendment

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Recommended: Analysis of the fourth amendment

The procedural rights, afforded to the people of the United States, were established in the Bill of Rights and more specifically in the Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution of the United States. These Amendments were implemented for the explicit purpose of protecting the rights of the people. Everyone can expect to be treated equally and fairly because of these rights and the foresight of our Founding Fathers (Bohm & Haley, 2011, p. 103). The Fourth Amendment serves to protect the people from illegal searches and seizures. There are many who believe the Fourth Amendment provides the people with the right to privacy, but that is not the case at all. The Fourth Amendment is the people's guarantee that searches for the purpose of finding evidence which can be used in a court of law can only be implemented with probable cause. Not only does law enforcement have to show probable cause but their search warrant must describe the place they are going to search as well as what or who may be seized (Bohm & …show more content…

Also included in the Fifth Amendment is the people's guarantee against double jeopardy or in other words they cannot be tried a second time for the same or a similar crime regardless of any verdict that may or may not have been reached. Jeopardy must be attached in order for the prevention of double jeopardy to be invoked. Jeopardy is considered to be attached once a jury has been selected and sworn to duty. In the case of a trial with no jury then jeopardy attaches at the time of the swearing in of the first witness. In addition to the right to a grand jury and the double jeopardy guarantee, The Fifth Amendment also establishes the people’s right to protection against self-incrimination. In other words, the people are assured the right of not being forced to be a witness against themselves. (Bohm & Haley, 2011, pp.

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