Why Is The Fourth Amendment Important

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The Fourth Amendment in the Constitution of the USA has been implemented in order to ensure the privacy of every American citizen. It restricts the law enforcement agencies from interfering into one's privacy in the name of unwanted investigation and seizing his/her personal possessions without any proper warrant. This amendment ensures that the police need to possess and produce valid search warrants and arrest warrants before searching for the evidences if any crime has been committed and before taking someone into their custody. In this manner, the police cannot simply break into someone's house on the basis of the presumption that he/she has committed any crime. They need, to at first, validate their claims and prove to the court that there …show more content…
The police personnel can gain evidence regarding the crime by accessing those files. But the Fourth Amendment hinders the process. Passwords for the devices, accounts or documents act in the same way like the lock of an apartment. Therefore, the police needs to produce valid warrants before searching their investigation, accessing the files, and collecting the evidence. The process gets hindered and slowed down to a great extent. In the light of the fact, it can be argued that although the Fourth Amendment ensures the privacy of the citizens, the amendment makes it harder for the law enforcement agencies to smoothly investigate the cybercrimes, seize gadgets or documents, and collect digital evidence. This paper attempts to research this critical issue regarding the Fourth Amendment's by arguing that it has the capability to ensure the citizens' privacy and but it also has a shortcoming of hindering the police investigations for cybercrimes. However, if the amendment is demolished, the privacy of the citizens would be compromised and no one can guarantee that the cybercrime rates would fall down if this is

Ten Amendments To The Constitution

The ten amendments to the Constitution which are referred to as the Bill of Rights were the first rules that helped establish the new founding country. These ten laws are based off the idea of a democratic society. Search and Seizure is the fourth amendment created and like the others is still in place today. Passed on September 25th 1789, this amendment as stated by the “National Constitution Center” “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable…

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Fourth Amendment: Two Critical Legal Concepts

The Fourth Amendment contains two critical legal concepts. The concepts are search and seizures and probable cause. The Fourth Amendment states that no police, government officials or any individuals can conduct an unreasonable search and seizure which is done to protect our right to privacy. This mean that any items seized unlawfully cannot and will not be entered or used as evidence in a trial. The only way they can used seized item would be if they conducted the search and seizure legally. Furthermore…

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Reasonable Suspicion Pros And Cons

When it comes to the Fourth Amendment, there are many steps that have to be taken to ensure that it is not violated. One way to reduce the possibility of violating the Fourth Amendment is having probable cause so that one's home can be legally searched and evidence can be seized. When something is about to be searched, or seized there must be probable cause or reasonable suspicion in order for an individual’s rights to not be violated. There is a difference between probable cause and reasonable suspicion…

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Constitutional Policing

the government, its powers, and the rights of citizens. No U.S. law is higher than constitutional law. The Bill of Rights conveys the first 10 amendments of the U.S.Constitution” (Wright, 2012). The amendment that we will be investigating will be one of the most important in any justice system which is The Fourth Amendment to the Constitution. This amendment reads: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not…

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The Case Of Jeffers V. United States

5 CBA Fourth Amendment Imagine a family in their living room watching tv or doing whatever at home and the swat team swoops in and starts yelling at the family to go on their knees, handcuffs the adults and searches the house without saying a word of why they are there. After the swat team is finished searching the families house they uncuff them and leave without saying anything . This situation will violate citizens’ individual rights and the fourth amendment by searching without a warrant…

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Criminal Procedure Policy Paper

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, Herbert Packer studied the competing values that…

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13th Amendment Advantages

Reconstruction Amendments of document 7, it is evident and very specific that, as a result of the Reconstruction of the Constitution, it expected to guarantee men & even colored men that used to be slaves, freedom within the United States. The reconstruction was a turn for America, though it was a positive turn. To begin, slavery should have never existed. In the XIII amendment, it has the same beliefs as myself as far as slaveries existences. Afterwards, the fourth tenth amendment was all about legal…

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The Pros And Cons Of The US Constitution

Despite what many might think, the US Constitution is well known across hundreds of nations all over the world. The US Constitution has been around for several centuries and has a very important meaning in the lives of many. It would be safe to assume that the US Constitution is going to be around for a long time and have an enormous impact on the lives of many people although there are some modifications needed. The US constitution was written by James Madison from May 25, 1787, to September…

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Difference Between Fair Trial And Due Process

Firstly, Due Process is the right to a fair trial. It applies to the Fourth, Fifth, and Sixth Amendments and also precedent. The Fourth Amendment protects against unreasonable searches and seizures which ties into Due Process because it prevents the usage of evidence that was obtained during the unreasonable search or seizure. The Fifth Amendment protects against self incrimination which connects with this because if you do incriminate yourself without knowing your rights, then they cannot use it…

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Essay on bill of rights

This essay will focus on what the 1st amendment and how it guarantees freedom to American citizens, and what is most relevant to me. The second section will discuss the significance of the Bill Of Rights and how it works with the U S Democracy for example during election time. The last section will look the process for amending the Constitution and if it is a “fair”. In each section will give an example of why they are important and how it works in the United States with the citizens…

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