4th Amendment Essay -- Government Constitution Amendments History Essa

quaternate Amendment In the late 1700s the 4th Amendment was scripted because of strong objections to the Writs of Assistance or general warrants. The Writs Assistance gave officials the right to disgrace whatever home and arrogate 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 nations right to silence and protective cover. (Encarta Online) The Fourth Amendment states, The right of the people to be secure in their persons, houses, papers, and effects, against anomalous lookes 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 looked, and the persons or things to be seized. (Encarta Online) In the court case of Katz v. United States it was said that, the 4th Amendment protects the people and not certain areas against seem and seizure. (Katz v. U.S.) Without this amendment people would have no get over their personal privacy, or security. Any officer could enter homes and spot any evidence that could be used to make an arrest or that could be used for prosecution in court. In order for law of nature or any other higher authority to search and seize evidence from a suspect legally, it is required that a judge moldiness grant a search warrant. (Encarta Online) The warrant authorizes the officer to seize particularly described items and to bring them before the court that issued the warrant. In common law, search warrants were used mainly to discover stolen property. In modern law, they have a variety of items, including intoxicating liquors, gambling implements, counterfeiters tools, burglars tools, smuggled goods, obscene literature, narcotics, illegal firearms and any article the possession of which is a crime or which may be used in evidence. (Encarta Online) The warrant must(prenominal) specify the place where th e search is to be made 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 give a reasonable cause. As ruled in the case of Illinois v. Gates in 1983, ?to establish probable cause, one must show a probability of criminal activity a major facie hearing is not required.? (Illinois v. Gates) The accused has the right to fight the grounds when the war... ...de of the booth. aft(prenominal) 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. forthwith 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 graduation exercise 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 St ates of America deserves and maintains the right to privacy and security in their own homes.Sources CitedEncarta Online. 2001. Microsoft Encarta Online Encyclopedia. 29 September 2001. . ?Illinois vs. Gates.? Ed. Ralph B. Strickland, Jr. Sept.1994. North Carolina evaluator Academy. 30 Sept. 2001. .Grolier?s Encyclopedia. CD-ROM. 1996 ed. New York New York City, 1996. ?Katz vs. U.S.? 1967. .History Channel Online. 2000. capital of South Carolina University Press. 30 Sept 2001. .