4th Amendment Essay -- Government Constitution Amendments History Essa

quaternate Amendment In the late 1700s the 4th Amendment was written because of strong objections to the Writs of supporter or general warrants. The Writs Assistance gave officials the repair to enter all inhabitancy and seize belongings without a reasonable cause. (Grolier Encyclopedia) The 4th amendment was ratified in the Bill of Rights on December 15, 1771. This amendment protects the peoples right to privacy and security. (Encarta Online) The Fourth Amendment states, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall non be violated, and no warrants shall issue, but upon presumable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (Encarta Online) In the judicatory case of Katz v. United States it was said that, the 4th Amendment protects the people and not accepted areas against search and seizure. (Katz v. U.S.) Without this amendment people would have no claim over their face-to-face privacy, or security. Any officer could enter homes and take any order that could be utilize to make an arrest or that could be used for prosecution in greet. In order for police force or any other higher authority to search and seize evidence from a suspect legally, it is required that a judge must grant a search warrant. (Encarta Online) The warrant authorizes the officer to seize particularly described items and to earn them in the first place the court that issued the warrant. In common law, search warrants were used principally to discover stolen property. In modern law, they have a variety of items, including wise liquors, gambling implements, counterfeiters tools, burglars tools, smuggled goods, obscene literature, narcotics, illegal firearms and any article the bullheadedness of which is a crime or which may be used in evidence. (Encarta Online) The warrant must specify the place wh ere the search is to be do and the property to be seized. An officer cannot get a warrant from a judge in any circumstance. (Grolier Encyclopedia) The officer may have to set up a reasonable cause. As ruled in the case of Illinois v. render in 1983, ?to establish probable cause, one must show a probability of criminal activity a prima facie hearing is not required.? (Illinois v. Gates) The accused has the right to fight the grounds when the war... ...de of the booth. After being arrested the court ruled that even though it was in a public place, he was making a private call. It was an illegal search. Now because of this case police now have to have a search warrant before using wiretapping. This applies to any and all people. (Katz v. U.S.) Along with the first eight amendments, the 4th Amendment deals with personal freedom. (Encarta Online) The 4th Amendment protects citizens from being accused of a crime without probable cause. Citizens of the United States of America deserves and maintains the right to privacy and security in their take homes.Sources CitedEncarta Online. 2001. Microsoft Encarta Online Encyclopedia. 29 mobember 2001. <http//www.encarta.msn.com/>. ?Illinois vs. Gates.? Ed. Ralph B. Strickland, Jr. Sept.1994. North Carolina Justice Academy. 30 Sept. 2001. <http//www.jus.state.nc.us/NCJA/legsep94.htm>.Grolier?s Encyclopedia. CD-ROM. 1996 ed. New York New York City, 1996. ?Katz vs. U.S.? 1967. <http//home.twcny.rr.com/pistolpete/katz.html>.History Channel Online. 2000. Columbia University Press. 30 Sept 2001. <http//historychannel.com/>.