To be frank, the fourth amendment is a security blanket for American citizens; it protects them from illegal searches and seizures. The amendment was one of the first ten, which made up the original bill of rights in the constitution. Many were added to it since then, but the first ten remain extremely important. Without the fourth amendment, America and its citizens could be subject to searches and seizures at any time.
By law the constitution states that the fourth amendment is 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
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Redding. The case was argued on April 21, 2009 and decided on June 25, 2009. Accused of having ibuprofen, which violated school rules, Savanna Redding was strip searched without consent, which violated her 4th amendment rights. She was questioned and complied fully, but the school still didn’t think it was enough or believed her, thus ensued the unconstitutional strip search. Wilson had reasonable suspicion to legally search her outer clothes and backpack, but searching her underwear and stripping her was completely too far, and there was not enough prior evidence for the severity of the search. The landmark case isn’t too hard to understand, a child was stripped down to being almost naked and had to expose herself to be searched for headache medicine even though she complied with all of the questions and answered truthfully. “… The court of appeals held that Ms. Redding’s Fourth Amendment right to be free of unreasonable search and seizure was violated. It reasoned that the strip search was not justified nor was the scope of intrusion reasonably related to the circumstances.” This was one of the landmark cases that truly challenged the rights stated in the …show more content…
The cases are referred to as contemporary court cases. Rodriguez v. United States was a recent court case that tested the boundaries of the law. The case involved the issue of the timing of exactly how long an officer can hold off employing a dog after the person in such a stop has received a ticket. The dog was brought on after approximately seven or eight minutes after the ticket had been received. “Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures”. Another recent court case that remarkably challenges the Fourth Amendment is, Riley v. California. The case covered the right of officers to obtain information from cellular devices. The case ended with the need for warrants to be issued to legally search cellphones. There are court cases that will always go on fighting these rights constantly due to error or sheer ignorance, but the natural rights of citizens
By setting up another special case, the Court made another inquiry for Fourth Amendment law advancement. Laura Collins states, "If and when litigants can challenge unfavorable Fourth Amendment points of reference in criminal cases. " Now, criminals have no chance of challenging an unreasonable search below the Supreme Court in the federal court system.
School officials’ strip searched Redding based off of a tip they received from another student at the school. Redding filed suit against the administrators who administered the search. She claimed that her Fourth Amendment rights of an unreasonable search were violated. A district court threw out the case but Redding appealed the case, which was threw out again on the initial appeal, but after being reheard a second time the court of appeals found that the young
In the case of Weeks v. United States on December 21, 1911 in Kansas City, Missouri Freemont Weeks was arrested at his job on suspicion of transporting lottery tickets through the mail, meanwhile officers were entering into his residence without his permission or a warrant. Weeks took this case to trail to petition for the return of his private possessions. If the court decides to not return his property he could be convicted of transporting lottery tickets through the mail which is illegal in Missouri. But this is a violation of his 4th Amendment rights if the court decides to use the evidence they was seized illegally.
The 4th amendment states that the right to privacy should not by violated by conducting unreasonable searches and seizures. In the hudson v. Palmer case, an inmate named Russel Palmer sued Ted Hudson who was an officer at the Virginia prison. Palmer stated that the officer had conducted a shakedown of his locker and cell in the attempt to find hidden contraband. After the search turned out to be unsuccessful, Officer Hudson, then charged Palmer for destroying state property, as they found a ripped pillow case in his cell. Ted Hudson won the case, as the court stated that the right to privacy does not apply within a prison cell.
The Supreme Court is the highest court in the United States court system. The rulings of the Supreme Court regards protecting constitutional rights, such as freedom of speech and administrative regulations governing airline safety (Tarr, 2014). The Florida v. Joelis Jardine case was presented to the Supreme Court of the United States in regards to the constitutional right of Jardine home to be searched. According to the SCOTUSblog, the holding was due to a dog sniffing at the door of a house of Jardine where police suspected drugs being grown which establishes right to search under the Fourth Amendment. For that reason, the Miami-Dade Police Department were granted a warrant to search the home of Jardine, but proceeded into his home.
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.
The Fourth Amendment, which states that without warrants or probable cause, no searches can be executed, is essentially nullified by the Patriot Act. For example, sneak and peek searches in which law enforcement agencies can search residences and offices of Americans and not inform them of the search until after it
"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 was made based on the Founding Fathers experience with the Kings agents and the all purpose rit of assistances that they used abusively. Without the 4th amendment, we would be at the will of the police because they could come into our household, search anything and take whatever they want. "A reasonable expatiation of privacy" the 4th amendment secures the protection of the people
Before the 20th century, there were few, if any, cases based on the Fourth Amendment. However, as surveillance by law enforcers became more common, these tactics, and others, were scrutinized in court cases throughout the 20th and 21st century. Within the past 50 years there have been more and more cases held to determine whether or not a citizen’s right were being violated or if authorities were within the law. Like a story with multiple timelines, the outcome of a case disputing the fourth amendment is not always clear or predictable. PII Like many of the other amendments, already established traditions of British law supported the concept of the IV Amendment.
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.
The Fourth Amendment contains some points that could be used for malicious purposes and technically still be Constitutional. For example, law enforcement officer can use a subpoena instead of a warrant, according to Your Digital Trail: Does the Fourth Amendment Protect Us? (2) Subpoenas are easier to get since they do not require a judge to determine if there is probable cause, yet there are more ways a law enforcement officer could cheat to get someone to remove his/her rights. According to Wex Legal Dictionary | The Fourth Amendment, if the person convicted confesses or agrees to nullify the effects of the Fourth Amendment, it cannot protect them.
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
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.
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
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