Pros And Cons Of The Fourth Amendment

Words: 597
Pages: 3
Open Document
The fourth amendment was added to the United States Constitution in December 1791. This amendment is the section of the Bill of Rights that protects Americans from unreasonable search and seizure. The fourth amendment was based on abuses the English experienced with the British. This amendment is still being debated in the Supreme Court today. The fourth amendment was introduced into the Constitution as a part of the Bill of Rights on September 5, 1789. It was ratified by three-fourths of the states on December 15, 1791. This amendment was added to the Bill of Rights because of a Colonial English policy that permitted judgment without restriction general searches. Many things led to the writing of this amendment. The fourth amendment was written as a response to the Writs of Assistance issued by the English. The law in Colonial America was written to enforce English revenue gathering policies on customs. Until 1750, all handbooks for justices of the peace, the issuers of warrants, …show more content…
Police need a warrant or probable cause to search. In the United States court system, probable cause refers to facts or evidence that would make a reasonable person believe that a crime or wrong doing has been, is being, or will be committed. The evidence is important during court proceedings. In fact, evidence can make or break a case. Some searches are also allowed during incidents that lead to an arrest. A search warrant is a document that authorizes police officers to search a person or place to obtain evidence for presentation in criminal prosecutions. Police officers obtain search warrants by giving evidence to a judge to establish probable cause to believe that a search will reveal evidence related to a crime. If the officers have established probable cause, the judge will issue the warrant. The fourth amendment to the U.S. Constitution states that persons have a right to be free from unreasonable searches and
Show More

Related Documents: Pros And Cons Of The Fourth Amendment

Fourth Amendment Pros And Cons

The Fourth Amendment guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures (U.S. Constitution, I)." The Founding Fathers and settlers of the America knew all too well how the king's soldiers had abused their power through unwarranted searches of American homes before the formation of the United States of America in 1776, resulting in the creation of the Fourth Amendment. Despite the Fourth Amendment, for many years…

Words 265 - Pages 2

Exclusionary Rule

there are five pros and cons of having the exclusionary rule in place in the United States criminal justice system. There are three pros of the exclusionary rile: “A powerful tool used to defend the fourth amendment, shifts the burden of proof away from the individual, and stops innocent people from having charges brought on them.” There are two cons of the exclusionary rule: “Not a part of the US constitution and it can result in guilty people going free” (Lombardo). There are three pros of having the…

Words 575 - Pages 3

Pros And Cons Of Racial Profiling

stereotypes that were created. Racial profiling occurs despite the Constitutional guarantee of equal treatment. The fourth amendment prohibits unreasonable search and seizure; along with that comes the fourteenth amendment which granted all people born in the U.S. citizenship, meaning that no matter the color of skin, they were American and should be treated equal. That is to say a pro to racial profiling is that it helps with illegal immigration. Law enforcement can stop them to have them show their…

Words 581 - Pages 3

Essay on Terror: Fourth Amendment to the United States Constitution and Amendment

social…,capital, sympathetic of migrants from Nicaragua because of political ties Journal #6: Explain the Supreme Court’s decision to deny Verdugo-Urquidez the right to a 4th Amendment? Should aliens kidnapped by U.S. authority be entitled to the 4th Amendment? The supreme court decided held that the “Fourth amendment does not apply to the search and seizure by United States agents of property owned by a nonresident alien and located in a foreign country.” Many in the court believe that there…

Words 2981 - Pages 12

Exclusionary Rule Research Paper

papers to constitute an unreasonable search and seizure within the meaning of the Fourth Amendment.” — Justice Joseph P. Bradley The Exclusionary Rule is available to a Defendant in a criminal case as a remedy for illegal searches that violate the rights set forth in the Fourth Amendment. When applicable, the rule dictates that the evidence illegally obtained must be excluded as evidence under the Fourth Amendment. See Mapp v. Ohio, 367 U.S. 643. One important corollary to the Exclusionary Rule…

Words 1292 - Pages 6

Birthright Citizenship Debate

hand, Roman stated, “Trump’s proposal would require a constitutional amendment, which would require a two-thirds majority vote in both the House and the Senate, followed by ratification of three-fourths of the states, or by a constitutional convention called for by two-thirds of the State legislatures.” To begin with, a president cannot abolish a law by itself, it has to have a process of evaluation keeping in mind the pros and cons, and other government organizations has to participate as well. In…

Words 662 - Pages 3

Exclusionary Rule In Dirty Harry

investigation. In addition, it makes Law Enforcement present a strong case and makes them work much harder. Most importantly, the rule protects the innocent and provides support to the people’s basic rights. Personally, the exclusionary rule expands the Fourth Amendment in a good way. The problem is the exclusionary rule is not mentioned in the constitution. To further explain, the exclusionary rule is not applied in civil case and deportation hearings. However, it is best to know your states laws because it…

Words 397 - Pages 2

Criminal Procedure Policy Paper

constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Zalman, 2008, p. 4). The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments are significant in studying criminal procedure. In criminal justice, the criminal procedure is important because it deals with the conflict between order and liberty directly. To understand the friction between order and liberty…

Words 1453 - Pages 6

CHANGES IN EMPLOYEE RIGHTS DUE TO LEGISLATION, REGULATIONS OR COURT RULINGS. Essay

CHANGES IN EMPLOYEE RIGHTS DUE TO LEGISLATION, REGULATIONS OR COURT RULINGS. MICHOLAS A. CREDLE FINAL PAPER ABSTRACT As of recent years the U.S. House of Representatives is controlled by a Republican majority that has opposed many pro-labor initiative. The U.S. Senate remains under the Democratic majority currently. There still remains a critical political gridlock between both parties and does not seem to look promising until the end of 2014. It has been stated that the Obama administration’s has…

Words 2234 - Pages 9

Gun Control Research Paper

recent years. The second amendment has now become an open debate for ratification. The group of people that don’t support any type of gun control is because they feel that it infringes on their second amendment rights and that they will not be able to properly protect their home and family. Whereas others feel gun control is necessary and needs to be improved to save innocent lives and improve crime rates nationwide. With any policy, gun control does come with pros along with cons, which allow political…

Words 1119 - Pages 5