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Search and Seizure: 1700s Reasoning and 2000s Technology - Term Paper Example

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This term paper dscribes the United States Constitution Amendment Four, that was written in the year 1791 and stipulates that people have a right to be always secure in their houses, persons, or papers. The researcher focuses on historical background and comparison with today's realities…
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Search and Seizure: 1700s Reasoning and 2000s Technology
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"Search and Seizure: 1700s Reasoning and 2000s Technology"

Download file to see previous pages h soldiers were allowed to issue general warrants that allow arrests without any wrong doing, seizure at whim, and searches without any particularity. The founders of this law sought protection from such types of government unreasonable intrusions to create the bill of rights. In order to bring to end abuses of the general, exploratory searches, the drafters came up with the Fourth Amendment. The Fourth Amendment was empower the federal courts, in which case, it was to serve as a legal guarantee since its text encompasses protection against arrests, searches and seizures. However, this Fourth Amendment does not explicitly define when the court shall require warrants. This has brought about varied textual interpretations. Many scholars have debated extensively the phraseology, as well as the relationship that exist between the clauses. However, despite the intent of the chosen words, the Supreme Court has often professed strong preference for the warrants given that warrants serve as reliable safeguard against unstipulated improper searches. This, thus, implies that Courts need a warrant prior to any search and seizure. For the police to obtain a warrant, they are required to prove a probable cause that the said location to be searched shall lead to the evidence of a crime. In making sure the qualifications for the Fourth Amendment protection are met, the background and text of the Fourth Amendment suggest that there need to be preference of warrants prior to the search to be conducted. Nonetheless, this preference applies in cases where the activity to be undertaken qualifies as a search for the Fourth Amendment. A search takes place in cases where the activity in question infringes on some reasonable expectation of privacy for which the society considers reasonable....
This term paper answers the questions that have been raised on whether the US constitution is still suited in the government of contemporary society. In this term paper, the researcher have argued that whereas certain elements in United States constitution continue to be relevant, a test of time has depicted United States constitution to possess loopholes that may particularly need to be addressed. Crucial areas of concern include limitations of powers of the government were described through the bill of rights and through a system of checks and balances. Whereas United States constitution acknowledges this point, its stipulations do not offer an effective approach to the effective implementation of checks and balances. Some of the institutions that are required to exercise checks and balances, such as the public service, has been politicized and rendered partial. The balance and check doctrine is increasingly being undermined by the doctrines founded on democracy, where the most influential are ruling. Even as United States celebrates today's achievements in democracy, it is still undisputable that the president continues to wield a lot executive powers. In particular, this has been depicted by Obama administration. Furthermore, the constitutional system has created allowance for the some powerful groups to influence the government; hence, safeguard their interests. To conclude, the researcher states that the US constitution requires to be overhauled to address such issues. ...Download file to see next pagesRead More
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