Nobody downloaded yet

The Fourth Amendment / Search and Seziure - Research Paper Example

Comments (0) Cite this document
The Fourth Amendment/ Search and Seizure The Fourth Amendment Introduction The fourth amendment to the Constitution of United States involves the section of the Bill of Rights that protects the citizens from unfair searches and seizures…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.2% of users find it useful
The Fourth Amendment / Search and Seziure
Read TextPreview

Extract of sample "The Fourth Amendment / Search and Seziure"

Download file to see previous pages Fourth Amendment: Overview The search and arrest is restricted by the issue of a warrant by the court, only on the basis of specific information confirmed by a law enforcement officer and delivered to the court. The fourth amendment clearly states that, “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 Warrants shall not be issued, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized” (cited in Hess, 2009, p. 265). From the legal point of view, the warrant for a search or an arrest should be approved judicially. And to obtain the sanction of the warrant from a court of law, it must be supported by a probable cause and should also be under the oath or affirmation of an authorized person who would be accountable for the warrant in the court. The amendment had nothing to do with the searches conducted by the private organizations, who were not government representatives. So the bill was referring only on curbing down the power of federal government. However, in 1949, the Supreme Court of United States while ruling Wolf v. Colorado, held that the Fourth Amendment will then onwards be applicable to the States too, considering the Due Process Clause from the Fourteenth Amendment (MAAP v. Ohio, 1961). Two important acts were passed in the late 19th century, the Interstate Commerce Act and the Sherman Antitrust Act in 1887and in 1890 respectively. Until then the federal government had a limited and very narrow jurisdiction authority in the areas of criminal law. Later, there were many arguments in the Supreme Court regarding the Fourth Amendment as the federal government enlarged the areas of their jurisdiction powers. However, the Supreme Court held that even if equipped with a warrant held up by a probable cause, some searches and seizures might break the sensible requirements relating to the Fourth Amendment. Even while making such judgment, the court has also allowed the routine warrantless seizures when there is adequate cause to suspect somebody to be attached with a crime. History The origin of the elements of the Fourth Amendment can be traced back to the 17th century English laws. The law restricted the king’s sheriffs from intruding into the citizens’ homes without prior consent from the king. Later, by the end of colonial era, the American settlers were hardly oppressed by the British rule. The British officers had the advantage of a series of laws endorsed by the crown, known as Writs of Assistance, which empowered them to search any homes or anywhere for whatever reason. However, people realized the need for resistance and by 1760, they started to fight against these ‘general warrants’ and the battle for justice soon spread throughout the colonies. The nation’s courts have done a marvelous work throughout the years in forming out law regarding the search, arrest, and detention. And one of the most important masterpieces of them was evidently the Fourth Amendment. Search and Seizure in Detail Search and seizure refers to the procedure enforced by the civil law and common law which empowers the police or their agents to search a person’s property for any relevant evidence on the suspicion that a crime has been committed. This provision of the constitution is based on the principle that every citizen is granted reasonable ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“The Fourth Amendment / Search and Seziure Research Paper”, n.d.)
Retrieved from
(The Fourth Amendment / Search and Seziure Research Paper)
“The Fourth Amendment / Search and Seziure Research Paper”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Fourth Amendment / Search and Seziure

Fourth amendment: Searches and seizures

...?Fourth Amendment: Searchers and Seizures The Fourth Amendment to the United s Constitution protects the privacy interest of citizens from unlawful governmental intrusion or unreasonable search and seize by the government. This is accomplished by barring any evidence obtained in violation of the Fourth Amendment’s protection from use at trial. Like other amendments that constitute the Bill of rights, it was written and ratified to protect they citizenry against overweening government, but none of those amendments are self-enforcing. The Fourth Amendment...
20 Pages(5000 words)Research Paper

Fourth Amendment

...? Fourth Amendment The two basic clauses of the Fourth Amendment of the United s constitution provide that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated 2. 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. (Levy 1995, p. 162) The fourth amendment was adopted in response to the tendencies of police officers to abuse their search and seizure responsibilities during the colonial period. The enactment of the fourth amendment guarantees to every citizen “the security of privacy against arbitrary intrusion... by the...
4 Pages(1000 words)Research Paper

The Fourth Amendment of the federal laws

...?MID TERM ESSAY QUESTIONS 6RD February Midterm essay questions Introduction The Fourth Amendment of the federal laws governs criminal procedure that starts from seeking of warrants of searches, seizures, and arrest up to the judicial processes. This paper seeks to discuss legal issues in criminal procedure through exploring a case study. Question 1: Quality of evidence and arrest warrant Search or arrest warrants are given to law enforcement officers by a court. Sufficient evidence, that meets a threshold for probable cause, must however be given by the police. The first proof for sufficiency of evidence, according to the case of Maryland v Pringle, is the reliability of the source of information with respect to truthfulness... . The...
3 Pages(750 words)Essay

The fourth amendment and NYPD Surveillance

...of the constitutional bill of rights guarding against unreasonable seizures and searches, while requiring warrants to be sanctioned by courts of law, and being held up by showing probable cause. In 1968, the Supreme court, in its decision on the Terry vs. Ohio case, ruled that the detention of a man’s person and his subsequent search in the absence of a warrant, was not a violation of his fourth amendment rights, if the officer was acting on the reasonable belief grounded on suspicions that were objective. For example, that the man was holding a weapon, or was dangerous. This procedure, however, was used for racial profiling over the years, first with brown and black...
6 Pages(1500 words)Essay

An Analysis of the Fourth Amendment

... An Analysis of The Fourth Amendment The fourth amendment was a significant development of the American constitution, which spells out the limits of the executive in the manner in which it may carry out searches, seizures, or arrests on the citizenry. In principle, the fourth amendment is part of the Bill of Rights and works within the changed requirements on the conduct of arresting officers with regard to the privacies of the persons being apprehended or searched (McInnis 41). The central focus of the fourth amendment was addressed on specific details of the general warrant, which gave the authorities the sweeping powers to search suspected citizens with no limits on the nature of the items they could focus their searches... on or their...
9 Pages(2250 words)Research Paper

Fourth amendment

... The Fourth Amendment was enacted to address issues that were very eminent during the colonial America and these issues involved the issuanceof searches without a cause or a warrant of arrest. The Fourth Amendment was meant to safeguard an individual from privacy violations in the form of seizures and searches of their properties. Since its enactment, rules have been made regarding the amendment and the most important rule is the warrant rule. Fourth Amendment History of the Fourth Amendment The Fourth Amendment is a change that was made to the constitution of the United Sates of America and specifically relates to the bill of rights. The origin of the amendment can be traced to the efforts by the Americans to suppress disputes... the...
4 Pages(1000 words)Research Paper

A Danger to Fourth Amendment Rights

...Unit Introduction The Fourth Amendment claims that people have the right to feel secure in their papers, houses, effects and papers, against any unreasonable seizures and searches, and shall not be violated unless upon a probable cause, supported by affirmation or an oath. This warrant should also describe the person, things or place to be searched or seized. This amendment also protects arbitrary freedom and the right to privacy. In Terry V Ohio(1962), the supreme court of United States, for the first time approved a seizure and a search based on less than probable cause. This created controversy, where many individuals claimed that the...
1 Pages(250 words)Essay

The Fourth Amendment, Search and Seizure

...Search and Seizure The Fourth Amendment accords people the right against search and seizure that is unreasonable. The security against these unreasonable seizures and searches extends to people’s effects, houses and persons. Violation of this right requires a warrant that issued only with probable cause that requires the support of an affirmation or an oath. The amendment requires such a warrant to articulate the persons intended for searching and the items targeted for seizure. The provisions of this amendment imply the expectation of privacy from individuals who contend possible violation of the...
4 Pages(1000 words)Essay

Fourth, Fifth and Sixth Amendment Rights

.... The issue the case was whether the Fourth Amendment of U.S. constitution grants protection to individuals against unreasonable searches & seizures thus requiring police obtaining a search warrant to allow them to wiretap a public phone booth (Katz v. United States, 1967). Miranda v. Arizona (1966) Summary of the Case The Miranda v Arizona (1966) is a landmark case that represents the aspect of the criminal procedures and the due processes. The defendant in the case, Miranda was arrested by police at his home and taken to a police station where the accuser identified him before later being interrogated by police for a whole two hour period resulting to him signing a...
8 Pages(2000 words)Essay

Private Search and Seizure and the Fourth Amendment

...Private Search and Seizure and the Fourth Amendment Number: Private Search of Immobile Vehicle The fourth amendment provides individuals with protection from searches and seizures that may be deemed unreasonable. However, it is applicable when such searches and seizures have been carried out by state or federal officials or agents of the government (Schulhofer, 2012). Such agents would include the local police officers, Border Patrol Agents, and Federal Bureau of Investigation (FBI) agents, among other government security agents. As such, any searches that may be made on the private property by private citizens or private security officers are not subject to the Fourth Amendment. Thus, I as the Information Security Specialist... of the...
5 Pages(1250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic The Fourth Amendment / Search and Seziure for FREE!

Contact Us