The Pros And Cons Of The Fourth Amendment

On July 9, 1868, the Fourteenth amendment was formally introduced to the Constitution and granted citizenship to “all persons born or naturalized in the United States.” These words have as an ideal purpose that all levels of the federal government must operate within the law and provide fair conditions for all people. As a result, the states had a obligation to the public. Through the Fourteenth amendment, states were forbidden from denying any person “life, liberty, or property, without due process of law” or to “deny any person within jurisdiction the equal protection of laws.” By directly mentioning the role of the states, the Fourteenth amendment also expanded civil rights to African American slaves who had been emancipated after the American Civil War.

In the case, the Court did not see sufficient evidence to support the claim that the police violated the respondent’s Fourth Amendment right, prior to entering the resident. There is no evidence of threats or demands made by the police officers, that would insinuate the officer did anything wrong. Because the police in this case did not violate or threaten to violate the Fourth Amendment prior to the exigency, the Court held that the exigency did in fact justify the warrantless search. The officers re-acted upon suspicion and training (Vile, n.d.).

The Fourth Amendment provides defense against illegal search and seizures. Essentially, one can rest assured that the police will not simply enter his house without any cause or warrant, search until they find something incriminating, and then legally use that discovery to charge the person with a crime. Instead, there are many very specific rules and regulations about how something can be discovered and even damning evidence found incorrectly is thrown out (Katsh, 2013). This is an important constitutional right as it ensures that witch-hunts that aim specifically to find something illegal are never carried out and instead the law enforcement aim is to properly catch someone who is doing something wrong.

The 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

The Fourth Amendment explicitly states and gives “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” (Smentkowski, 2017). This amendment was designed to protect all citizens, whether or not they fall into the criminally accused category, from unreasonable searches done by the government and police. We are granted personal privacy within a reasonable expectation in our own “persons, homes, papers, and effects” from the government, but this privacy must also be balanced against the government’s interest of public

Depending on the context, search warrants are a controversy for example; when entering a residence with the correct procedures that the law enforcement officer makes. To get a warrant, officers need consent and signed paper from the judge and with the state attorney. Overall there is the fourth amendment that safeguards the protection of the people and the right to issue a warrant with probable cause.

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.” In other words, it is against the law for police to search any person without probable cause and an issued warrant. (Cartoon Surveillance) This protects the privacy of the innocent people that may not be considered guilty. However, giving the people a right to a warrant is only giving them an advantage, while the police and the government have a disadvantage. Issuing warrants take away time and privilege for police. Needing a warrant may unable police to some investigations as well. The Fourth Amendment was created for safety and privacy reasons, but has deterred the efficacy of law-enforcement; needing a search warrant makes gathering evidence harder, police investigations have been delayed, and the Exclusionary Rule causes some investigations to be inadmissible.

The 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.

This amendment is also very important because people like the police would have too much power over other people. For example a normal person could be patted down and searched just if they looked suspicious and this is a violation of their body and property which they deserve the right to have control of. The Fourth Amendment has dramatically changed our country by protecting people’s personal items and property. Although there are still some mixed opinions about the Fourth Amendment most people are for it and believe that it is a great way for them to feel safe in their homes and with their possessions. Many people that are for the Fourth Amendment believe that it is a great amendment that protects them from unnecessary searches or when police abuse the law and destroy property to find what they need. Although some people think that the Fourth Amendment can be used as an excuse to hide drugs or weapons from the police when they have alleged reasons that what you are doing so is illegal. Now that I have done lot’s of research on the Fourth Amendment I understand that it has had a much larger effect than just protecting U.S. citizens from unreasonable searches and seizures by the government. The writs of assistance showed the colonists they needed a government that had valid reasons to search them or seize their property. Once the colonists had their own government, the ratified the Fourth Amendment to give themselves these protections. Without the Fourth Amendment today there would be much more concern about police biased and prejudice. Even with it, the current protests in Chicago show concern about people's Fourth Amendment rights. Many police officers in Chicago pullover and search people’s cars due to “suspicious” signs of drugs. Most of the people pulled over are black and this not only creates racial tension between

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 government’s actions were not constitutional, because they did not follow the precedent case, used technology that exceeded human senses, and violated DLK’s right to privacy in his home.

Apple is trying to protect the American people that own any apple product from the FBI. The FBI wants apple to unlock the phone from the San Bernardino 's but Apple is not doing it because it is against the 4th amendment. Since the FBI can’t get into it because Apple can not give permission to the FBI, also they don’t have any reason to look at the phone so Apple did not allow tat to happen.

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 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.

Some people may think that the 14th amendment does a poor job of protecting people’s rights. In document five it explains how on September 11, 2001,with the terrorist attacks on the World Trade Center, it has caused video surveillance in the United States to increase. For example the U.S has programs that use facial recognition that help match photographs of criminals faces to the criminal. Another program that we use helps prevent suicide bombers from attacking. Some people may think that prevention of terrible events reoccuring or occurring is a good thing, but using security systems everywhere may be a violation of their rights and privacy. Such as the government tracking your every move, having the threat of people spying and blackmail,

Our founding fathers created the Bill Of Rights which are the first ten amendments to the Constitution of the United States. One of the most important amendments is the Fourth Amendment. It 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”(p. 11). What are our founding fathers were trying to do is keep our country from a police state, a state in which law enforcement could enter our homes without probable cause. This protection provides the citizens of the