The Fourth Amendment Essay - 942 Words

Article VI 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.† –U.S. Constitutional Amendments Preface I choose the fourth amendment for two reasons: - It recognizes a right that, inevitably, cannot be taken away from a person. - It was not written out of spite, but out of experience. I personally feel like this is an issue that, had there not been a provision in the Constitution, would have created some serious issues with the colonists. The Fourth Amendment†¦show more content†¦This case made people think about reasoning for entering one’s home. There were certain â€Å"guidelines† drawn up such as murder in self-defense and the allowance of a Sheriff to enter if the door is already open). Entick v. Carrington One of the most famous cases that influenced the Fourth Amendment was that of Entick v. Carrington. This was only one of many civil cases against officials who raided people’s homes and other places in search of materials connected with John Wilkes political pamphlets that attack both the government and the King. Mr. Entick, who was an associate of John Wilkes, sued because agents had entered his house forcefully and broken into desks and boxes that were locked. They then seized pamphlets, charts, and other printed materials. The courts decided the warrant gave the officials the right to search and seizure and the ability to issue a warrant for all a persons papers rather than only those accused of being criminal contrary to the genius of the law of England. The warrant was said to be invalid because it had no probable cause and no record was made of what had been seized. The Supreme Court has said this case is a guide to understanding what the Framers meant when writing the F ourth Amendment. Putting the Amendment to Use The reasoning for such an amendment was obvious. What the amendment really expresses are the rights to officials and people alike. An officialShow MoreRelatedThe On The Fourth Amendment1265 Words   |  6 PagesThe Fourth Amendment generally requires a warrant for the search and seizure of personal property, but no warrant is necessary when the owner voluntarily consents to the search or seizure. However, an owner may revoke his or her permission prior to the completion of the search, and the court admits the evidence found prior to the owner revoking consent. The United States Court of Appeals for the Eleventh Circuit has repeatedly held that the government may search a photocopy of a document afterRead MoreThe Fourth Amendment1515 Words   |  7 PagesThe Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. 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The Fourth Amendment is made to protect people from unlawful searches and seizures. This means that the police can t search a person’s house without a warrant or probable cause. The founders of the Fourth amendment believed that freedom from government intrusion into one’s home is a natural rightRead MoreThe Fourth Amendment And Fifth Amendment1585 Words   |  7 PagesThe three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. The Fourth Amendment protects the right of people to be secure in their persons, papers, and effects, again st unreasonable searches and seizures. (Peak, 2015, p.181). The Fifth Amendment protects the accused against self-incrimination, double jeopardy, and life, liberty, and property. Meaning no person will be forced to be a witness against themselves, they cannotRead MoreThe Fourth Amendment Of The Constitution1107 Words   |  5 PagesThe Fourth Amendment of the Constitution was ratified in 1791 and is an important amendment in the Bill of Rights. The Fourth Amendment is â€Å"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† (Charles Wetterer). The issueRead MoreThe Fourth Amendment Of The Constitution1365 Words   |  6 Pages Homework 1 1. The Fourth Amendment of the U.S Constitution says, â€Å"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