The Fourth Amendment Essay
942 Words4 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, 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
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 “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 person's 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 Fourth 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 official
Search and Seizure
...Search and seizure is when a law enforcement/gov. agent looks for evidence in a manner that intrudes into a persons legally protected zone of Privacy. These agents then take possession or control of the property or persons. ( Scheb, 2012) The 4th Amendment puts legal limitations on search and seizure and protects against unlawful search and seizure. The 4th 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. The 4th Amendment requires law enforcement officers to get a warrant before conducting search and seizures. In order for the officer to get such warrant he/she must have probable cause. This means that the officer must believe that the search will produce evidence of a crime. (Scheb, 2012) There are a few different types of consent when it comes to search and seizure. Consent to search is when a suspect/ person voluntary allows an officer of the law to search his/her car, home, bag, or whatever it may be. Then there is implied consent, which is when and officer is called to a specific location where a crime has been committed. This is a given that the officer is going to search the area where the crime has been committed. Third Party Consent has in the past and...
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The Fourth Amendment
...The 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. These pamphlets however ridiculed the king and his ministers. After finding this out the king issued warrants to have the pamphleteer’s homes ransacked and stripped of all their books and papers. Even back then the pamphleteers knew that their rights were violated and fought back. They stated that the searches were against them, similar to a “personal attack” rather than an attack on their information they held within their homes. This is an extremely early case dealing with search and seizure, if not one of the first cases, in which the individuals being searched stood up for themselves because they felt the actions taken against them were unjust. However, since these cases are dated so far back in history it is hard to understand whether our founder fathers could have foreseen any problems with the amendment in the future, and everything that applies under the fourth amendment today. At the end of the eighteenth century this was dealing with pamphlets that the king did not like and......
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The Fourth Amendment
... however, those powers remain in the whole body of the people; furthermore, in the event that any administrators were to deviate from truth, justice and equity, they verge towards tyranny, and are to be opposed.1 The fate of the Fourth Amendment of the United States Constitution can be construed as an example supporting Otis’ argument. Nearly every facet of political thought in the United States has proven to be far more malleable than its original authors had intended, an excellent example of this is the Fourth Amendment of the United States Constitution. The text of the Fourth Amendment appears seemingly straightforward; the first clause of the amendment states that all searches and seizures must be reasonable, the second clause of the amendment specifies requirements for when courts may issue a warrant in support of a search or seizure.2 Surprisingly, the concept that warrantless searches and seizures are unconstitutional or that warrants are required for all searches and seizures is relatively modern. Prior to this mindset of warrantless search and seizures being unconstitutional, law enforcement was allowed to do a search and seize items as long as their actions could be construed as being reasonable. In the event that the searches and seizures were unreasonable, the law enforcement officers would be held accountable for their actions in the form of being liable for damages suffered from the trespass in addition to punitive damages.3 This potential liability often......
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...Our founding fathers in their quest to set forth protections of citizens enacted the Fourth Amendment to the United States Constitution. (GPOaccess.gov/constitution) The purpose behind this amendment is the people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures”. At face value you may believe that this amendment provides you with total protection from an illegal search and seizure. In this paper I will demonstrate that the Fourth Amendment does not cover searches that occur in open fields or for items that are observed in plain view. In order to form an opinion on the constitutionality of a warrantless search you first need to determine what an open field is and what would be considered private property. This is known as the Open Fields Doctrine. (Wetterer, 1998) Items in open fields are not protected by the Fourth Amendment so they can be seized by an officer without a warrant or probable cause. Open fields do not fall within any of these categories. What does “open fields” exactly mean? Open fields encompass any open, undeveloped property that is not intimately used for dwelling (including curtilage) or business. The main residence on a piece of land, any outbuildings closely connected with and in close proximity to it, and the land immediately surrounding the residence are all considered to be within the curtilage of the land and are areas in which there is a reasonable expectation of......
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The Fourth Amendment
... The fourth amendment | The fourth amendment Like many other areas of American law the fourth amendment finds its history rooted in English law. Which basically states a man's home is his castle. The fourth amendment is part of the Bill of Rights with guards against unreasonable search and seizures it also requires that a Warrant be judicially issued as well as there has to be probable cause. It was adopted during the American Revolution. Search and seizures including arrest should be limited to the scope of the Warrant with specific areas are items to be searched or a specific person arrested. The fourth amendment protects the home, papers and effects against unreasonable search and seizures. There are a few exceptions to this law one if the person gives consent to search no warrant is required. Another exception is if an officer sees something in plain view. Open fields such as pastors open water would be searched without warrant because they're open there is no expectation of privacy. Computers and privacy Over the last decade, courts decided whether the government can access evidence of illegal activity stored on digital technology without violating the Fourth Amendment. Many cases discuss whether incriminating evidence stored by an employee in workplace computers is protected under the reasonable expectation of privacy. In a majority of cases, employees do not have a reasonable expectation of privacy for electronic communications at work. the Fourth......
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Search and Seizure
...Search and Seizure Louisa Barnes CJ333: Constitutional Law March 16, 2014 Erin Shriver SEARCH AND SEIZURE Constitutional Search The high school students were throwing a party that created so much noise that a noise complaint was lodged with the police by a neighbor. This gave the police the right to enter onto the property to investigate the complaint. Once they arrived at the residence and started talking to the party goers they smelled marijuana on the individuals. Because of the reasonable suspicion and probable cause that criminal activity was taking place they had a right to search the premises. This is found in the Fourth Amendment under Probable Cause and Reasonable Suspicion (Farlex, Inc., 2014).To protect evidence from being destroyed they also had a need for the search of the premises. To protect themselves as well as possible evidence they were also permitted to frisk the individuals that were out on the porch of the house. This exercise is permitted when they have reasonable suspicion that a criminal activity is taking place (Daniel E. Hall, 2012, pp. 509-510). While frisking the individuals a bag of marijuana was found. This led the police officers to then call for backup for searching the house before evidence inside the property could be destroyed before a warrant could be obtained. While waiting on the backup they proceeded to search the remaining individuals inside the home, again to keep themselves safe. Drugs are a type of evidence that can......
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...FOURTH AMENDMENT Protecting the rights of citizens and law enforcement is very important and the Fourth Amendment does that. The Fourth Amendment protects people from unreasonable searches and seizures by the government. This Amendment is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. There are two important factors when a search is considered being reasonable. The first factor is whether the search is an intrusion on an individual's Fourth Amendment rights and the second is whether public safety an issue. Law officials have to make a tough decision when the correct time and place is conduct a search. The extent to which an individual is protected by the Fourth Amendment depends, in part, on the location of the search or seizure (Smith, 1999). An example is in the case of Minnesota v. Carter, when a police officer looked into a window of an apartment and observed bagging of white powder. The officer called back to the station to obtain a search warrant. In the meantime, the suspects that the police officer was watching, Carter and Johns, had left the apartment with some of the powder. The police followed them and pulled them over and searched the car and then searched the apartment. Carter and Johns were charged with controlled substance crimes. The two argued that the officer’s observation was an unreasonable search and all evidence was inadmissible as “fruit of the poisonous tree”......
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Search and Seizure
...Search and Seizure When it comes to Search and Seizure, allot of people think that law enforcement should not be allowed to search or seize property. I have heard many arguments against this subject, people stating that law enforcement officers go too far or have no right to search someone’s property such as their vehicle. Probable cause is more than a reasonable suspicion it requires that a combination of facts makes it more likely than not that items sought are where police believe them to be. In addition to establishing probable cause for a search, a warrant must contain the reasons for obtaining it, the names of people presenting the affidavits, what is specifically being sought and the signature of the judge issuing it. Search and seizure is the process used by law enforcement officers, who suspect that a crime is being or has been committed. Law enforcement officers search a person’s property and confiscate any evidence related to the crime. In situations where it would be unreasonable for a person to expect privacy, there is no search to justify, so no warrant is needed. Law enforcement officers make may kinds if searches, from crime scenes, suspects, dead bodies, vehicles, hotel rooms, apartments, homes and offices. Searching is a very important task in most criminal investigations because of the evidence that can be obtained. Probable cause is more than a reasonable suspicion it requires that a combination of facts makes it more than likely than not that......
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Search and Seizure
...Search and Seizure in America CJA/364 February 10, 2015 Search and Seizure in America The fourth amendment has given us the protection against unreasonable search and seizure but what exactly does that mean? To understand, one must define right of privacy, search, seizure, arrest, and reasonableness and how each of these relates to stop and frisk, automotive search rules, and requirements regarding border and regulatory searches. Have you ever been stopped on the street or anywhere and frisked by a police officer? Individuals should be aware of the rules regarding such a situation. In the state of New York, the people, "Mayor Michael Bloomberg" (Wells 2013, p. 1) and the district court judge "Shira Scheindlin" (Wells 2013) argued about reforming the stop and frisk policy. The objective issues in improving system addressed after a stop and frisk case won by the arrestee. In the case involving the arrestee "David Ourlicht" (Whitaker, 2013, p. 1) claimed he was wrongfully stopped and frisked. The officer stopped and frisked the defendant because the object in his pocket resembled a gun. The attorney representing the defendant argued his constitutional rights, and the stop and frisk was unconstitutional. The environment of the Missouri cities, counties, suburbs, and rural area are subject to society socialization, private activity, and deviant behavior which may cause the proper authority to respond to the nature of the action the same as in New York City. Society......
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Search and Seizure
...Constitutional Law Dr. Wilson April 22, 2014 Search and Seizure Response Paper I believe that the courts have put in place certain safeguards and limitations that ensure police officers do not interfere with an individual's Fourth Amendment rights. I could go into how search and seizure is defined and what is necessary for a warrant, but I want to go into a different direction and discuss how technology is changing the meaning of ; "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." These few words are meant to guarantee every person in the United States two basic liberties; the right to privacy and freedom from arbitrary intrusions. With advances in new technology, the phrase " unreasonable searches has become somewhat blurred. In Katz v United States, the Supreme Court ruled that although Katz was in a public venue (i.e. a phone booth with the door closed), he still had a reasonable expectation of privacy. This was the Supreme Court's attempt to make the Fourth Amendment adaptive to the changing surveillance technology. Although the court ruled in favor of the Defendant, there is still a lengthy gap between the availability of new technology to law enforcement and laws......
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Search & Seizure
...Search & Seizure A police officer is dispatched to a call in his jurisdiction for a noise complaint. The police officer arrives hearing very loud music coming from the residence which violates a noise ordinance. The police officer knocks on the front door with no answer so he proceeds to the back door to knock when he observes what appears to be marijuana plants based on his training and experience. The police officer can seize the marijuana plants based on the Plain View Doctrine. “In Harris v. United States (1968), the Supreme Court ruled that anything a police officer sees in plain view, when the officer has a right to be where he or she is, is not the product of a search and is therefore admissible as evidence.”  The police officer is legally in a place in which he should be because of the noise complaint call. The police officer recognized the marijuana plants as contraband and has the right to seize them without a search warrant. “How is it then, brethren? when ye come together, every one of you hath a psalm, hath a doctrine, hath a tongue, has an interpretation. Let all things be done unto edifying.” The police officer needs to obtain a search warrant in order to search the rest of the residence. With no exception present, the police officer would be violating the resident’s Fourth Amendment right against unreasonable search and seizure if he conducted a full search of the residence without a search warrant. “The Fourth Amendment is as......
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Search and Seizures
...Checkpoint Search and Seizure Searches and seizures in cyberspace When talking about the nature pertaining to cyberspace this has caused the fourth Amendment rights pertaining to illegal or unreasonable searches and seizures to be reviewed numerous times against new technology. In cases of illegal activity on a computer a special tasks force was designed in order to scan information sent to and from networks. The special tasks forces are able to intercept information that contains illegal activity. When illegal activity is detected then an IP address from the computer is recorded along with the information, time of transferred files and location of the computer(s) that information was sent off of. This is what happened in the case of John Wellman. Mr. Wellman was accused of possessing electronic images of child pornography. In cases such as this it can be argued by the accused that investigators do not have probable cause to obtain a search warrant. In cases involving cyberspace if information is found to be illegal activity then it can be a search and a seizure of and for such property and the individual. Searches by off duty officers Searches that are conduct when the officer is off duty is considered a government search in most cases. Many departments and jurisdictions consider the officer as part of Law Enforcement there for they are on duty twenty-four seven. If this was not a consideration and accepted throughout departments and jurisdictions as a......
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The Fourth Amendment
...The Fourth Amendment The Fourth Amendment to the United States Constitution was endorsed in 1791 with the purpose of insuring that a bubble of privacy would surround each and every American citizen. The main way that this is accomplished is by protecting citizens from unreasonable searches and seizures. This allows us to be protected in the privacy of our papers, our houses, our effects, and our persons. The Fourth Amendment provides a restraint on searches and seizures by agents of the government. The Fourth Amendment to the United States Constitution states that: “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 or things to be seized” (U.S. Constitution. Amend. IV). This amendment to our Constitution was outlined because the founding fathers of the United States were unhappy with the practice of 'general warrants'. General warrants allowed the king of England (or his representatives) extensive permission to search homes and businesses. These general warrants authorized the carrier to enter any house or other place to search for and seize prohibited and unaccustomed goods. In this scenario, governmental agents were allowed to search private premises, without providing any specifics about the place to be searched or the......
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...1. Private Search of Immobile Vehicle The fourth amendment provides individuals with protection from searches and seizures that may be deemed unreasonable. However, it is applicable when such searches and seizures have been carried out by state or federal officials or agents of the government (Schulhofer, 2012). Such agents would include the local police officers, Border Patrol Agents, and Federal Bureau of Investigation (FBI) agents, among other government security agents. As such, any searches that may be made on the private property by private citizens or private security officers are not subject to the Fourth Amendment. Thus, I as the Information Security Specialist of the Makestuff Company or Mr. Yourprop’s supervisor can conduct searches on the vehicle of Mr. Yourprop currently parked in the parking lot without violating the Fourth Amendment since we are not government officials or representatives. The evidence that would be obtained from the search, if any, can be handed over to the police as evidence against Mr. Yourprop for violation of the Intellectual Property Law. In State v. Buswell, the Minnesota Supreme Court held that the protection of the Fourth Amendment was limited to government action and thus any private searches conducted by private citizens were not covered by the exclusionary rule. Thus, if evidence is seized through a private search, then it can be handed over to the police to be applied in a court of law as evidence for an offense (State v.......
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Fourth Amendment Search and Seizure
...people certain rights. The Fifth Amendment states that we have the right against self incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions were to be rewritten and that is not likely to happen. In this paper we will be examining the Fourth Amendment, learning the requirements for obtaining a search warrant, defining probable cause, describing when search and seizure does not require a warrant. We will also explain the rationale for allowing warrantless searches, examine the persuasiveness of these reasons, and determine if probable cause is always necessary to conduct a search. Fourth Amendment Search and Seizure The Fourth Amendment guarantees “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches or 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” (Schmalleger,F., 2012). This means the police cannot just barge into your home without proper authority and reason for the purpose of a search as this would be unreasonable. The law enforcement agent therefore must seek a warrant. A search warrant is ordered by a judge, magistrate, or the Supreme Court. A judge may issue a search warrant if the agency......
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