Pros And Cons Of The Fourth Amendment
Throughout the history of American Constitution, almost 5000 amendments have been introduced in the Congress. However only 27 amendments have been ratified by the Congress[1].The first ten amendments to the Constitution of the U.S. were passed and ratified in December 1791 by the Congress. The document was written and codified by the Founding Father, James Madison. The second part of amendments was adopted separately. It was a historical moment since after such resolutions the lives of American citizens have changed incredibly. Their liberties were significantly extended. They became independent in expressing their opinions, getting the protection of their rights and freedom. Contemporary American society cannot even imagine that many years …show more content…
The rule is intended to prevent police officers from violating the rights granted by the Fourth Amendment. Thus, evidence obtained by the police that violates the Fourth Amendment cannot be used to convict someone accused of a crime. Some people think that without this rule, the Fourth Amendment would not make sense. As with many other legal rules, this rule has several exceptions. In the Supreme Court relied on the rule of "good faith" holding that the evidence obtained by the officers conducting inquiries based on a "good faith" court order that is subsequently found to be deficient is also admissible. The evidence would also be unusable if the officer prepared a judicial order under a sworn statement in a dishonest or negligent manner, if the magistrate who granted it abandons his neutrality, or if the court order lacks sufficient specificity. The Leon case only applies to search warrants. It is not clear whether the "good faith" exception applies to court orders about inquiries in other contexts. The 8 of January of 1974 , the Supreme Court ruled that the decisions of a grand jury can be based on alleged illegal evidence obtained in the cross-examination of a witness, because to argue otherwise would interfere with the independence of the grand jury, and the time to request the illegality of a search is after the defendant is
The Fourth Amendment: The Most Important
117 Words | 1 PagesThe First Amendment is the most important, because of freedom of religion and freedom of speech. Many people think that the fourth amendment is the most important. They think this, because it is important for a person to be able to tell policemen “No” if they ask you if they could search your car or your house. I believe that the fourth amendment is really important, but you wouldn’t be able to tell the policemen “No” if you didn’t have freedom of speech. George Washington said,”If the freedom of speech is taken away then dumb and silent we may be, like sheep to the slaughter” (“Famous Quotes Freedom of Speech”).Without freedom of speech and religion we are nothing.
Dollree Mapp Exclusionary Rule Case
530 Words | 3 PagesThe U.S. Supreme Court ruled in a 5-3 vote in favor of Mapp. The Supreme Court stated that evidence obtained from an unreasonable or illegal search and seizure couldn’t be used against the accused in state court. Before the ruling, federal courts were required to suppress evidence gathered illegally. The decision extended the rule — known as the exclusionary rule — to state courts. The change has put continuing pressure on police departments to conduct investigations lawfully and brought increased scrutiny when their actions appear improper.
Exclusionary Rule In The Weeks V. United States Case
475 Words | 2 PagesThe Weeks v United States case was the Supreme Court basis in determining to incorporate the Fourth Amendment into the Fourteenth Amendment due process clause and apply the exclusionary rule in state cases. In this essay, I am going to discuss the reason why the Supreme Court determine that the exclusionary rule should apply to the state police activity. Prior to the case of Weeks v United States, the state police activity “were not limited in their conduct by the Fourth Amendment” (Ingram p.81) and the exclusionary rule of Fourth Amendments illegal search and seizure only applies to federal law enforcement officers. Basically, it means that state law enforcement officials can illegally search and seized criminal activity evidence and court don’t prohibit the use of illegally obtained evidence in the trial court.
Explain The Limitations Of The 4th Amendment
87 Words | 1 PagesIf a natural disaster strikes my area and the power is out for weeks, one of the limitations would be that the people would not feel that safe. Security wouldn't be enforced and since there is no security, there could be several possibilities of theft. Another limitation would be searches for any and everything. Both of these limitations should be practiced, so even if there is a national disaster we could be ready. The 4th amendment can be used as an explanation of how the limits
Should The 4th Amendment Be Stricter?
167 Words | 1 PagesBilly is on the phone with Bob while they are talking on the phone and someone coughs and it is neither of them. Well, the government are the only ones who can hack phones and listen to phone calls, the 4th amendment has allowed this to happen. The 4th amendment has gavin the right to law enforcement to be cruel and unfair about a search and seizure. Without a warrant you cannot search a person, well not anymore, the government can search anyone at any time in some scenarios. Normally, there is an abundant amount of evidence used to be given the permission to search one’s belongings, but since 9/11 law enforcement needs little evidence to be provided a search warrant.
Wolf V. Colorado Case Brief
584 Words | 3 PagesThe police violated Wolf’s rights and since there was no warrant for arrest or warrant to search his office the police was trespassing. The police officer who violated his rights was to be punished by his superiors. The judges decided that using such evidence goes completely against the Fourth Amendment which is a basic need to our freedom. States should follow this law but are not directly forced to. States using evidence that should be excluded in their “statute becomes a form, and its protection an illusion,”(Wolf v Colorado, 1949).
Pros And Cons Of The Fourth Amendment
459 Words | 2 PagesInformation about the Fourth Amendment The Fourth Amendment originally enforced the nation that,”each man’s home is his castle”, secure for unreasonable searches and seizures of property by the government. It protects against arbitrary arrests, and is the basis of the of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other form of surveillance, as well as being central of many other criminal law. The right of the people to be secure in in their persons, houses, papers, and effects, against unreasonable searches and seizure, shall issue, but upon probable causes, supported by oath or affirmation, searched, and the persons or thing to be seizure.
Exclusionary Rule Pros And Cons
645 Words | 3 PagesWhile some states followed the Supreme Court in adopting this rule, others stood by the common law rule which allows all evidence to be admissible in court no matter how the evidence was obtained. Throughout the years many arguments have stemmed from the effectiveness of the exclusionary rule. Those in favor of the exclusionary rule believe that it protects people against unnecessary search and seizure, establishes innocence before guilt, and stops admissibility of false evidence. The exclusionary rule requires all law enforcement officers to provide a warrant in the case of search and seizure to protect people’s right to privacy.
Benefits Of The 4th Amendment
61 Words | 1 PagesThe 4th Amendment may be aggravating for the police, but on the other hand is beneficial for United States citizens. The 4th Amendment preserves protection, produces citizens to feel secure, and prohibits insignificant searches. Without the involvement of the 4th Amendment in the United States, government or authorities could invade privacy and go through citizen’s belongings without any type of
Arguments Against The 4th Amendment
1073 Words | 5 PagesBefore 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 Fourth Amendment
70 Words | 1 PagesUnreasonable 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.
Argumentative Essay On The Fourth Amendment
427 Words | 2 PagesThe 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.
Mapp Vs. Ohio Case Study
316 Words | 2 PagesIn Wolf vs. Colorado the Supreme Court had decided that it did not. Illegally obtained evidence could be used in trials because the 4th amendment did not apply to states. The principle became known as the exclusionary
Mapp Vs Ohio Case Study
1872 Words | 8 Pages41. Mapp v. Ohio (1961): The Supreme Court ruling that decided that the fourth amendment’s protection against unreasonable searches and seizures must be extended to the states. If there is no probable cause or search warrant issued legally, the evidence found unconstitutionally will be inadmissible in the courtroom and not even considered when pressing charges. The exclusionary rule, in this case, is a right that will restrict the states and not just the federal government, including the states in more of the federal rights as outlined in the Constitution.
Arguments Against The Exclusionary Rule
493 Words | 2 PagesOhio (1961), the Supreme Court trusted that the Constitution charged the exclusionary rule as a remaking of a Fourth Amendment infringement. They saw the truths of the sample, the exclusionary rule which was the assurance of somebody 's protection furthermore required by the Due Process which portrayed the Fourteenth Amendment. The rule stated three purposes by the Mapp Court, the right given by the constitution and stated that when police admitted that they were at fault, judges then extended the violations in court. This would stop misconduct for negligence since the case of Mapp the Supreme Court has seized out many exceptions to the exclusionary rule. I would agree with exclusionary rule, searches are easy to get permission from most defendants.
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