Examination Of The Fourth Amendment - 2339 Words

Examination of the Fourth Amendment The fundamental purpose of the Fourth Amendment in the United States Constitution is to protect every citizen’s right from unreasonable searches and seizures. The Bill of Rights composed of the first 10 amendments states the limits of governmental authority. For instance, the First Amendment guarantees individuals’ natural rights such as freedom of speech, religion, and press. In addition, the Fourth Amendment restricts government intrusions into personal privacy and property. Both the Bill of Rights and the Fourth Amendment emerged from several English political documents such as the Magna Carta, the Petition of Right, and the English Bill of Rights (Bill of Rights - Bill of Rights Institute). Among these documents, the Magna Carta particularly had a major influence on the establishment of the Fourth Amendment. Although the majority of the laws addressed in the document are no longer valid in today’s democratic system, the Mag na Carta was the first written document to guarantee citizens’ rights (Sen). Prior to the American Revolution, the American colonies were not protected from unreasonable infringement. For instance, the British colonists enforced tax measures by general searches, which constituted an unacceptable intrusion (Levy). Although Writs of Assistance were issued by King George to investigate evidence of smuggling by the colonists, they allowed the British agents to enter and search anyone’s property without a specificShow MoreRelatedAn Examination Of Public School Students Fourth Amendment Rights On Campus2286 Words   |  10 Pages Privacy vs. Safety An Examination of Public School Students’ Fourth Amendment Rights on Campus Kathryn Hesse Communication 385 Fall 2014 The Fourth Amendment was written to protect every American’s personal right to privacy by issuing requirement for searches and seizures of one’s person and property. This amendment protects U.S. citizens from having their privacy violated by the government for no reason. According to the Fourth Amendment, â€Å"The right of the people to be secureRead MoreForensic Investigation On The Criminal Justice System1186 Words   |  5 Pagesthere are forensic procedures used to collect and process the forensic evidence from electronic devices. The procedures have to follow the fourth and Fifth Amendment guidelines. In this paper, I will discuss the standard operating procedures for processing the computer forensic evidence as outlined in the case within the provisions of the fourth and fifth amendments. The forensic procedures for collecting evidence from the networked computers, PDAs, Cell phone, and laptops should be practiced withinRead MoreUnited States, Missouri V. Mcneely, 569 U. S1404 Words   |  6 Pages Name and Citation of Case: United States, Missouri v. Mcneely, 569 U. S. (2013) Decision: The Supreme Court attests. The Court noticed that its point of reference requests a case-by-case examination when lower courts figure out if urgent conditions advocated a warrantless pursuit. However, the State contended that exigency essentially exists in any DWI related blood test given that blood-alcohol content quickly decreases with time, the Court found no argumentation to embrace a per se ruleRead MoreEssay about The Exclusionary Rule620 Words   |  3 Pages Supreme Court, in the landmark case of Weeks v. United States,2 introduced the exclusionary rule as a remedy for violations of the Fourth Amendment.3 The Weeks Court felt that the only effective way to enforce the Fourth Amendment right to be secure from unreasonable searches and seizures was to adopt a rule that evidence seized in violation of the Fourth Amendment could not be used by the government against a defendant at trial. The Weeks Court further stated that a court should not sanction illegalRead MoreThe Court : The Supreme Court Exists1459 Words   |  6 PagesThe Supreme Court attests. 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For instance if a police pull ove r a car because the driver drove to fast and the officer recognize the smell of marihuana out of the car, then he is allowed to search the car without a searchRead MoreWhat Violates The Fourth Amendment?1194 Words   |  5 PagesWhat Violates the Fourth Amendment? â€Å"Unreasonable search 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.† – Amendment IV The most controversial aspect of the fourth amendment is the debate over what constitutes as a legitimate search. Since the amendment’s addition to the constitution on December 15, 1791, citizens have questionedRead MoreThe Fourth Amendment : Historical Conception, Key Elements, Legalities, And Violations1221 Words   |  5 PagesAbstract The Fourth Amendment has two basic premises. One focuses on the reasonableness of a search and seizure, and the other on warrants. One view is that the two are distinct, while another view is that the second helps explain the first. However, which interpretation is correct is unclear. In addition, law enforcement today differs sharply from the period in which the Constitution s framers lived. During that period, no organized police forces existed that were even remotely like those of todayRead MoreCJA 484 Criminal Law Foundations Evaluation1424 Words   |  6 PagesConstitution is comprised of a set of amendments, which have been written to protect several different rights that as a citizen are protected from false persecution. These constitutional amendments play a large roll, in the manner in which aspects of court procedure handled in both juvenile and adult court systems. The Fourth, Fifth, and Sixth Amendment were evolutionary in an effort to protect the rights of the people of the United States. Authoring the three amendments gave way to an overhaul in theRead MoreInvestigation Of Search And Seizure1025 Words   |  5 Pagescollected for prosecution. That brings us the Fourth Amendment formed in 1971. Which 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. No Warrants shall be issued, 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 Constitution, through the Fourth Amendment, defends people from unreasoning searches