Interpretation and evolution of the 4th amendment described through four examples of cases

However, the Fourth Amendment does not guarantee protection from all searches and seizures, but only those done by the government and deemed unreasonable under the law. In general, most warrantless searches of private premises are prohibited under the Fourth Amendment, unless specific exception applies. For instance, a warrantless search may be lawful, if an officer has asked and is given consent to search; if the search is incident to a lawful arrest; if there is probable cause to search and there is exigent circumstance calling for the warrantless search. On the other hand, warrantless search and seizure of properties are not illegal, if the objects being searched are in plain view.

Interpretation and evolution of the 4th amendment described through four examples of cases

It is also dangerous to turn a blind eye to history.

Interpretation and evolution of the 4th amendment described through four examples of cases

Civilizations, military commanders, and leaders of nations have ignored history with devastating results. Because the 4th Amendment is so vitally important to America, it deserves a look into the history behind its inception into the Constitution. It deals with protecting people from the searching of their homes and private property without properly executed search warrants.

The 4th Amendment specifically provides: The idea that citizens should be protected from unreasonable searches and seizures goes back far into English history. InSir Edward Coke first identified this right.

Interpretation and evolution of the 4th amendment described through four examples of cases

Britain passed numerous revenue collection bills aimed at generating as much money from the colonists as possible. Obviously, the colonists resented this act by the King and began smuggling operations in order to circumvent the custom taxes imposed by the British Crown.

British agents could obtain a writ of assistance to search any property they believed might contain contraband goods. Agents could interrogate anyone about their use of customed goods and force cooperation of any person.

These types of searches and seizures became an egregious affront to the people of the colonies. These actions by the British Crown would be one the precipitating factors leading to the American Revolution and the eventual forming of our Constitution.

When the 4th Amendment became part of the Constitution, it was originally only applied to the federal government. Later, it was applied to the states through the Due Process Clause of the 14th Amendment.

Of course, there are many common sense exceptions to the 4th Amendment right to have a properly executed search warrant issued before a search or seizure of private property can be conducted. They are too numerous to list in this column. However, two common examples are 1 a police officer may conduct a pat down search of someone if he or she has observed someone engaging in behavior that would give the officer reasonable, articulable suspicion that a crime has or is being committed; and 2 if a police officer sees someone committing a crime, or believes that he or she has probable cause to suspect someone has committed a crime, the officer may arrest the suspect without a warrant.

Looking back at the reasoning behind liberties in cultures helps to preserve freedoms. It is only when we become disinterested or even indifferent to our Founders that we take a dangerous path toward civilizational decline. We cannot forget why Americans enjoy legal rights like the 4th Amendment.Annotations.

History.—Few provisions of the Bill of Rights grew so directly out of the experience of the colonials as the Fourth Amendment, embodying as it did . Any evidence obtained through that unlawful arrest, such as a confession, will be kept out of the case.

A police search of a home is conducted in violation of the homeowner's Fourth Amendment rights, because no search warrant was issued and no special circumstances justified the search.

Your 4th Amendment Rights The 4 th Amendment to the U.S. Constitution guarantees freedom from unreasonable search and seizure. This means that law enforcement agents need probable cause, and a warrant in most cases, to search your person or belongings.

Your 4th Amendment Rights

Def: a term derived from the 4th amendment that means there must be a reasonable argument as to why a person should be subject to arrest or why the police should obtain a warrant Sig: this preserves the privacy of citizens for there must be a purpose from the police before a search and seizure.

Ohio, the Court, incorporating the Fourth Amendment through the Due Process Clause of the Fourteenth Amendment, declared that exclusion was constitutionally required . fourth amendment 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.

Fourth Amendment | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute