Wednesday, May 6, 2020
The Fourth Amendment The Rights Of The Citizens
The Fourth Amendment reads: â€Å"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 Warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized†(Smentkowski, 2014). The Fourth Amendment clearly states that an individual has the right to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, but what constitutes a search? The Bill of Rights was created due to the founders and the authors of the Constitution wanting to protect and preserve the rights of the citizens. The Fourth Amendment†¦show more content†¦Only in exigent circumstances may a law enforcement officer conduct a search without a search warrant. The interpretation of the Fourth Amendment has been disputed throughout numerous cases such as Terry v. O hio, 1968, Katz v. United States, 1967, New Jersey v. T.L.O., 1985, Vernonia School District v. Acton, 1995, and much more. Although the issues addressed in each of these landmarks cases vary, the issue of privacy and the powers of law enforcement agents have been addressed and been more refined. According to a podcast posted by the Federal Law Enforcement Training Centers (FLETC) a government agent is somebody acting in an official capacity on behalf of a federal or state government (Federal Law Enforcement Training Centers, n.d.). In the podcast, several examples are asked and cited however if a private citizen would not be counted as a government agent is that individual was acting out of his or her private interest and in her own personal capacity and not acting at the behest of the government (Federal Law Enforcement Training Centers, n.d.). The podcast lists one interesting example in which a person who is employed by United Parcel Service or Fedex would only be considered a g overnment agent if he or she was acting on behalf of the government or had been asked by a government agent to do that (Federal Law Enforcement Training Centers, n.d.). This example points out a specific circumstance in which a person who is employed by someone otherShow MoreRelatedWhat is the Bill of Rights?1440 Words  | 6 PagesThe Bill of Rights Essay â€Å"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others.I do not add ‘within the limits of the law because law is often but the tyrants’ will,and always so when it violates the rights of the individual†-Thomas Jefferson. 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Swanson, Chamelin, Territo and Taylor (2012), noted the Constitution’s fourth amendment stated the following: The Right of the people to be secure in their persons, houses, papers,Read MoreImagine You Are On A Family Road Trip You Drive Through1403 Words  | 6 Pagesto search your vehicle or arrest you. Is the question this legal or illegal for the officer to do? I believe that search and seizure are ethical because it protects citizens from an unlawful entry and provides protection for law enforcement in case a person is dangerous or to provide evidence to use in a criminal case in court. 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 shallRead MoreShould The Police Search The House Without A Warrant?1503 Words  | 7 Pageshouse without a warrant? Is this legal or illegal in this situation? I believe that under viable circumstances search and seizure is ethical because it protects citizens from an unlawful entry and provides protection for law enforcement in case a person is dangerous and provides evidence to use in criminal proceedings in court. â€Å"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 shallRead MoreAn Analysis of the Fourth Amendment1074 Words  | 4 Pagesthe United States was enacted in the late 1700s at the wake of the Revolutionary War. The first laws of the United States Constitution were called the Bill of Rights and included the laws by which men were supposed to live by. In particular, the fourth amendment on Search and Seizure was enacted in order to protect the rights that the citizens of the newly freed colonies were denied of while until British occupation (gpo.gov). Prior to the colonies victory over Great Britain, British soldiers wereRead MoreGovernment Enforcement, Crime And The American Population Essay1139 Words  | 5 Pageseventually forming the United States of America (â€Å"Ameri can History,†2016). Built upon a unique platform of autonomy, the United States provides citizens with freedoms not present in other countries. In order to preserve such freedoms, the Constitution of the United States was enacted in 1797, outlining an array of rights and privileges afforded to all citizens of the country (â€Å"American History,†2016). However, as in any society, crime and abuse pervaded the peace of the nation, continuing to date.Read MoreImportance Of The 4th Amendment707 Words  | 3 Pagessaid ,†Statutes authorizing unreasonable searches were the core concern of the framers of the 4th Amendment.†(Sandra Day O’Conner) This means that the Fourth Amendment was very important too the individuals that made this Amendment and to the citizens of the United States of America. The Fourth Amendment was added to the Constitution of the United States of America on December 15, 1791.This Amendment is very important because it gives peopl e the privacy that they deserve.This also means no one can
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