The Fourth Amendment
The Fourth Amendment affirms that "people are secure against unreasonable searches and seizures, no Warrants shall issue, describe the place to search, and the persons or things to be seized." There should be a warrant for everything if what a person is being charged for is risking their rights as a U.S citizen. For example the privacy of a citizen is safe under the Fourth Amendment. Second, the property belonging to U.S citizens is secure from search and seizure without a warrant. Third, due to the Fourth Amendment, any citizen is safe from unfair arrests. Even though warrants help citizens they also make it more difficult for detectives and they make it difficult for government to collect evidence to use it against someone who actually commits …show more content…
For instance, when abandoned property is seized without a warrant, it does not break any of the rules of the Fourth Amendment and it does not violate the Fourth Amendment (Strasser 1). Meaning, if items are deserted they can be seized under government custody without authorization. In addition, an object seized in plain sight without a warrant does not represent seizures and does not define seizures based upon the Fourth Amendment. Strasser identifies that if an object is seized in clear vision it is not considered a seizure. Warrantless searches or seizures of private properties are typically illegal unless there are justified exceptions (Strasser 1). Therefore, the only way a search and seizure of a citizens’ private property is legal is with a reasonable exception. Furthermore, the Fourth Amendment keeps the belongings of American people secure from warrantless searches and …show more content…
For example, in certain circumstances where a police officer has a legible belief that a suspect has perpetrated a crime, or if a suspect is a threat to public security a warrantless arrest may be valid (Strasser 1). Meaning, if a police officer has a good reason to believe a suspect has done something illegal, and if they arrest the suspect without a warrant it might be okay. According to Strasser, “A warrantless arrest may be justified where probable cause and urgent need are present prior to the arrest” (1). Therefore, a warrantless arrest might be validated where likely cause and imperative need are present previous to the arrest. An arrest without a warrant may be disregarded, if the police officer fails to demonstrate vital circumstances (Strasser 1). Signifying, if an officer cannot prove important situations the arrest of someone may be canceled. As a result of the Fourth Amendment, U.S citizens are protected from unfair or unwanted
Maryland Vs Pringle Case Study
1331 Words | 6 PagesGiven the totality of circumstances, an officer has satisfied the probable cause standard to arrest an individual believing that a felony is or has occurred in the officer’s presents. This type of warrantless arrest does not violate an individual’s Fourth and Fourteenth Amendment rights. Decision: Chief Justice Rehnquist delivered the Court’s opinion on this case. The Fourth Amendment guarantees that citizens “are to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, and no Warrants shall issue, but upon probable cause” This right is pushed down to the state level by way of the Fourteenth Amendment. This ensures that warrantless arrests can be conducted by police officers when the standard of probable cause has been met.
The Fourth Amendment: The Threats In The United States
469 Words | 2 PagesThe Fourth Amendment protects persons against unreasonable searches and seizures. Police deal with search and seizure incidents on a daily basis; unfortunately, numerous mistakes are made and lawsuits result from this type of citizen interaction. One way to prevent an unnecessary lawsuit is to get a search warrant. What if that is not applicable to your situation? There are several search warrant exceptions that may be applied to most investigative incidents.
Summary Of The Supreme Court Case Of Youngstown Sheet And Tube Company
2406 Words | 10 PagesSupreme Court also ruled that any state officials that obtain evidence by the process of illegal seizure or searches may not admit the evidence into criminal trials. The Fourth Amendment protects the rights of citizens from unreasonable seizures and searches (Pearson Education). This decision by the U.S. Supreme Court enforces the exclusionary rule of search and seizures to the all levels of the government and limits the powers that police officers have over citizens by protecting their Fourth Amendment rights (Oyez Project). This case and the decision of the U.S. Supreme Court has redefined the rights of citizens accused of crimes. The decision is controversial because it makes it difficult to determine when or how the exclusionary rule is applied.
4th Amendment Research Paper
460 Words | 2 PagesThis exception applies where it would be “impracticable” to apply for a warrant or to mandate probable cause (Griffin v. Wisconson). The case of MacWade v. Kelly outlines the test for whether the special needs doctrine should apply in a specific case. The first premise is that the search must be for a purpose beyond the state’s general interest in law enforcement. The second premise is that a warrantless search must be deemed “reasonable”. In determining reasonableness, the court must consider “the weight and immediacy of the government interest, the nature of the privacy interest allegedly compromised by the search, the character of the intrusion imposed by the search, and the efficacy of the search in advancing the government interest”.
What Is The 4th Amendment Fair
138 Words | 1 PagesThe Fourth Amendment the Search and Seizure amendment was first passed by Congress on September 25, 1789 (National Constitution Center) that states the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures (National Constitution Center). For the first one hundred years after this amendment was This amendment of the Constitution has been used by both civilians and governmental officials as proof of why they believe an incident that occurred was fair, or unfair. However, there have been times when deciding the fairness or unfairness has not been crystal clear. For instance, the case of Tennessee v. Garner that was first argued on October 30, 1984, and later decided upon on March
The Patriot Act: Violation Of The 4th Amendment
140 Words | 1 PagesThe patriot act has in my opion violated the 4th amendment. It has its advantages as far as terrorizim but to normal citzens this is a complete violation of our privacy. bThe late Benjermin Franklin warned us about trading our liberty for sucureity. This act has taken away a lot of our liberties it gives the government way too much power to invade our privacy. They now have unprecedented power to monitor the phone calls, e-mails, without a warrant.
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.
Arguments Against The Exclusionary Rule
1034 Words | 5 PagesHowever, this exclusionary rule does indeed protect the rights of people within the Fourth Amendment. In the Fourth Amendment it does not specify how it is to be enforced, therefore the exclusionary rule becomes a constitutional necessity (Peak, K. & Everett, P.,
Argumentative Essay: Should The NSA Surveillance
169 Words | 1 PagesThe 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.
Against The Fourth Amendment
639 Words | 3 PagesEver since the 1960 's the justice system has been under construction because of the innovative precedents. There has been a constant debate about the justification of the people and how police conduct has an impact. the framework of the fourth amendment will give a better understanding on how the fourth amendment is used. "The right of the people to be secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issue, but apon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or thing to be seized (U.S Const,. amend IV).
Violating The Fourth Amendment
210 Words | 1 PagesThe 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
Should The Private Sector Be Allowed To Protect By Private Property?
539 Words | 3 PagesThus, evidence gathered without probable cause can't be used against a person. This concept is called The Exclusionary Rule. The courts have applied this rule to denying evidence attained illegally, as stated, (Vile,2010,p.144)," It prohibited prosecutors from introducing evidence at trials that
Importance Of The Fourth Amendment
1058 Words | 5 PagesWould 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
My Rights Protected By The Fourth Amendment
295 Words | 2 PagesThe 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, 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" (Administrative Office, n.d.) The key to this is unreasonable searches and seizures. I am using a government-owned device and if my employer believes I have something to hide that could be hurtful or harmful, he should be allowed to search my device without waiting for a warrant. The only time it would be infringing on my rights protected by the Fourth Amendment is if he is being unreasonable and only checking whenever he felt like being nosey.
Fourth Amendment Misconceptions
106 Words | 1 PagesThe Fourth Amendment to the United States Consitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant be judicially sanctioned and supported by probable cause. The common misconception is that it simply covers what it states. In the age of development and new technology, it is likely that what we consider secrets or personal information is not as secret or personal as we once believed. Important pieces of evidence or information have often been found through illegal means, and this has led to many cases that change the way the constitution and the Fourth Amendment affect
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