4th Amendment

Superior Essays
Bill of rights
Introduction
In December 1791 the states agreed to the 10 amendments to the Constitution now known as the Bill of Rights. At the time these 10 amendments were only applied to white males. Slaves, free black men, and women were excluded from these 10 amendments. The purpose of this document was to defend the citizens because the anti-federalist wanted to make sure that the central government wasn’t too powerful.
The 4th Amendment is part of the Bill of Rights. It 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, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing
…show more content…
Leon (1984) it occurred in Burbank California. The police had a warrant sent out to search a facility where they thought there was drug activity. The warrant was issued by a state court judge. Since the warrant wasn't issued correctly the evidence that was found and seized wasn't able to be used in a court of law. The government appealed it because they felt that the officers had gone in good faith thinking that the warrant they had was valid. They appealed so that they could still use the evidence under the “good faith exception” to the exclusionary rule. This means that if a cop goes to search a private property under the impression that the warrant is valid but turns out to be invalid the evidence will still be used in a court of law because they were not trying to take advantage of their power.
In another case New Jersey v. T.L.O (1985) a student was searched by the school vice principal and she was found having cigarettes and marijuana. She was searched because they had evidence that she had smoked in school in the past and also that she sold marijuana. She tried to fight back by suing the school in court but the court decided that the school could legally search her because they have the right to keep and have a healthy school environment. As long as they have a reasonable suspicion they have the right to search therefore nobody’s rights were violated and she lost the
…show more content…
In the article “Can Your Phone Testify Against You” in the New York Times UPFRONT written by Patricia Smith she states that “Chief Justice Roberts acknowledged that the ruling will make things harder for police. Cell phones can provide valuable incriminating information about dangerous criminals he wrote but, he emphasized, privacy comes with a cost.” An example of how this can be useful is when a person wants to rob a bank or bomb a place. They might have some information that can help law enforcement stop them from committing the crime or can help catch them if they do commit the crime. Important information like where to meet up, where they are going to buy supplies, what day it’s going to happen and why they are doing it is all the information that they say should not be considered private and can be used to stop future crimes. It doesn’t matter that a lot of people want their privacy, no matter what when public safety is endangered or involved it’s important they can

Related Documents

  • Improved Essays

    Kentucky Court Case

    • 670 Words
    • 3 Pages

    Decision: The Supreme court reversed the decision of the lower courts, 8-1, warrantless searches that are being done in police-created exigent circumstances does not violate the 4th Amendment unless the police create the exigency by threatening or violating the 4th Amendment. Precedent Cases: Payton v. New York (1980)- Theodore Payton’s house was forcibly entered by New York City Police because they suspected him of a murder. Evidence was then found in the house that linked Payton to the crime. The police entered his home without a…

    • 670 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    People V. Ulysis Parriss

    • 1291 Words
    • 6 Pages

    .When it comes to getting arrested the police can do it two ways, they can do it with a warrant or without one. However both must have probable cause. The fourth amendment is what protects us from unreasonable searches and seizures. The two important thing with this amendment is the requirements of probable cause to get a warrant and it how it prohibits unreasonable search and seizures.…

    • 1291 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    In view of the modification of the exclusionary rule, the Court of Appeals' judgment cannot stand in this case. Only respondent Leon contended that no reasonably well trained police officer could have believed that there existed probable cause to search his house. However, the record establishes that the police officer’s reliance on the state-court judge's determination of…

    • 327 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Although the Fourth Amendment protects people’s privacy, stops citizens from being ambushed, and keeps them safe from unfair arrests there is still a down side to the Fourth Amendment. For instance it prolongs the gathering of information involving a crime. Sometimes it makes the case go on for years and the felon is never convicted even though they broke the law, but they never had time to get enough evidence to convict them so they get away. Some people might say that they believe all Americans should be considered suspects and that therefore the government has probable cause for surveillance. (Avalon pg.1 pr.16)…

    • 232 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    While the Fourth Amendment can slow the process of searches and seizures down, there are many more important things that it protects. The Fourth Amendment protects people’s privacy, protects citizens from being violated by unneeded searches and seizures, and also protects them from being arrested without a reason. Just as Obama states, he is committed to “keep the American people safe,” and “to uphold the…

    • 66 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Warrantless searches and seizures, destruction of personal property, and privacy rights are all protected under the 4th Amendment, although allowing government to change these rules could lead to more arrests due to being able to get leads from personal information. The laws and regulations set up by the 4th Amendment are very important, and provide needed and wanted protection over personal property.…

    • 62 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Moot Court Case

    • 1647 Words
    • 7 Pages

    DAVID FALLSBAUER’S RIGHTS UNDER THE FOURTH AMENDMENT WERE VIOLATED BY THE POLICE OFFICERS, BECAUSE WHEN FACED WITH AMBIGUITY REGARDING THE A THIRD PARTY’S CONSENT TO SEARCH THEY FAILED TO MAKE A FURTHER INQUIRY. BY DOING SO, THE OFFICERS VIOLATED DAVID’S RIGHT TO PRIVACY. The primary question before this Court is whether police officers must make a further inquiry when faced with an ambiguity regarding a third party’s consent to search. The Federal Circuit Courts of Appeals have taken different views when deciding the actions a police officer must take when faced with an ambiguity pertaining to third party consent. It is crucial to our society that a person’s right to privacy is protected and able to be exercised.…

    • 1647 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    McKayla Magdaleno Mr.Young P.3 10/05/15 Bill of Rights Essay Hook: It’s 1798 and you’re helping construct and write the Bill of Rights, it’s super hot outside and you really just want to go home because you are only on the making of the 4th Amendment right as you get up to leave you get a brilliant idea on what the 4th Amendment should be. Statement: The first amendment reads “The right of the people to be secured in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be 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.”…

    • 495 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The 4th amendment, which is contained in the Bill of Rights, is a crucial part of the United States Constitution. This single sentence offers great protection to everyone, against government and its power. Although it was not always this way, this portion of the law that govern our great nation was inserted shortly after the establishment of The United States Constitution. Throughout history, there have been many cases where this single guideline has protected an individual, and through their case it has changed the way people’s privacy is respected, to include encounters with law enforcement. Although protection is of primary importance, there are also legal ways that law enforcement and government can circumvent this great protection.…

    • 935 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The Four Amendments

    • 902 Words
    • 4 Pages

    Four amendments were ratified and placed in the Constitution to give Blacks their Civil Rights. The first amendment that was placed in the Constitution was Amendment 13 which was ratified in 1865 just as the Civil War came to an end. The Civil War was against the Union (North) and the Confederacy (South) over slavery and the North won. Amendment 13 abolished slavery from the United States freeing the slaves. Amendment 14 was placed in the Constitution in 1868.…

    • 902 Words
    • 4 Pages
    Great Essays
  • Improved Essays

    Second Amendment

    • 1223 Words
    • 5 Pages

    The framers of the Constitution wrote the Bill of Rights to forever protect certain enumerated rights that the government could…

    • 1223 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Fourth Amendment grants property rights to citizens against unreasonable searches and seizures. Consent is one of the most frequently used exceptions to the Fourth Amendment. Determining if a person has the authority to grant consent is an issue unique to computers. Today, technology enables multiple users to log on to a computer using multiple passwords and profiles and create multiple accounts and screen names. A password is analogous to a key that can be used to open a locked container.…

    • 1746 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Is drug testing of students who participate in extracurricular activities permitted under the fourth amendment? fourth amendment states that a person has 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. Meaning that the people are protected from unreasonable searches and seizures by the government while it does not guarantee against all searches and seizures, only those the law deems unreasonable. Which is determined by the balance of two important interests being…

    • 523 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Essay On Fourth Amendment

    • 726 Words
    • 3 Pages

    Ohio brings challenge to the fourth amendment. A landmark case is a court case that is studied because it has historical and legal significance. In Mapp v. Ohio police were suspicious that Dollree Mapp might be hiding a person suspected in a bombing in her home therefore they barged into her house pretending to have a search warrant. The police found a trunk containing pornographic materials. The police then arrested Mapp and charged her with violating an Ohio law against the possession of obscene materials.…

    • 726 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Fourth Amendment

    • 752 Words
    • 4 Pages

    Amendment IV The fourth amendment is one of the primitive and mainly significant entitlements bestowed to the citizens of The United State of America; the law, distinctively 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, 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.” What Does the Fourth Amendment Mean? The Fourth Amendment of the U.S. Constitution stipulates, the entitlement of individuals to be secure in their individualities, dwellings, documents, and possessions, against irrational searches…

    • 752 Words
    • 4 Pages
    Improved Essays