The Fourth Amendment Of The United States Constitution

The Fourth Amendment of the United States Constitution applies to a person and their home by providing protection against unreasonable seizures and searches. While it provides protection, not every search and seizure can be deemed unreasonable unless it is classified as per the law, by determining whether there was: a) the level of intrusion of the individuals Fourth Amendment, and b) whether or not it pertains to the government’s interest, such as safety of the public. The right to protection against unreasonable searches and seizures is associated with two types of warrants: a) Arrest warrant: When probable cause is established that a person has committed a certain illegal act, a written order is then issued by authority of the state†¦show more content†¦It is vital for law enforcement to determine whether a search warrant, arrest warrant, or both is needed. When an arrest is to take place within a dwelling where reasonable privacy is expected, law enforcement must determine whether or not the prospective arrestee lives there. If the person to be arrested lives there, only an arrest warrant is needed. If the dwelling belongs to a third party, an arrest warrant and a search warrant is necessary. In order to comply with the Fourth Amendment’s protection of privacy, police must secure the appropriate warrant(s) and knock and announce their presence. There are three exceptions as to when officers do not need search or arrest warrants and/or announce their presence: a) Consent: When asking permission to enter, consent may be voluntarily given to law enforcement, as long as the person has authority to do so, e.g. the homeowner. Non-residential landlords, babysitters, caretakers, etc. lack authority to provide consent. b) Exigent (emergency) situations: Exigent circumstances can exist when the officer believes one or both of the requirements are present: †¢ Endangerment to the lives or safety of the officer, suspect, or third party †¢ Knocking and announcing may able the suspect to escape †¢ Knocking and announcing may lead to the destruction of the evidence c) Hot pursuit: Police are permitted to enter without knocking whenShow MoreRelatedThe Fourth Amendment Of The United States Constitution1327 Words   |  6 PagesThe fourth amendment to the United States Constitution is part of the Bill of Rights, and was introduced to Congress by James Madison in 1789. The role of the Fourth Amendment is to prohibit unreasonable search and seizure and a warrant is to be required that is supported by probable cause. Even though the Amendment was introduced in 1789, it wasn’t adopted as an official amendment until 1792, because in December of 1791 three quarters of the states had ratified the amendment. The fourth amendmentRead MoreFourth Amendment Of United States Constitution1139 Words   |  5 PagesSomalaraju Sateesh Kumar Raju 700628655 1. Fourth amendment of United States Constitution protects people from being undergone unwarranted searches and prevent their things from being taken away by authorities without proper authorization. If any government official or agent want to search an individual or their belongings, they should have proper reason to do that and get permission from the judge. Fourth amendment of United States constitution states that it is â€Å"the right of the people to be secureRead MoreGovernment Enforcement, Crime And The American Population Essay1139 Words   |  5 PagesOn July 4, 1776, thirteen colonies declared independence from English rule, eventually forming the United States of America (â€Å"American 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 anyRead MoreThe Violation Of Fourth Amendment844 Words   |  4 Pagescase there are a few issues on appeal raised by Sitz. One of the issues was did the checkpoint violate the Fourth Amendment and did it forbid the balancing test. Another issue was that did it actual ly fail the effectiveness part of the Brown test. Furthermore, the issue of did the sobriety checkpoint which is permitted by the United States Constitution, violate the Michigan State Constitution (supreme.justia.com n.d). There was also issues of did the sobriety checkpoint have a very high or low arrestRead MoreFourth Amendment Essay1041 Words   |  5 PagesThe Fourth Amendment in the Bill of Rights is the foundation for life of citizens in the United States: everyone needs it, and without it, they would crumble and fall subject to government tyranny. In the case of the Fourth Amendment, the framers needed to find a way to protect the people of their country, whether it was for citizens to be secure in their houses, their papers, or their person, the framers had to amend a law that would defend their country and its beliefs against government intrusionRead MoreThe First Articles Of Confederation971 Words   |  4 Pagesthis was the United States first Articles of Confederation . The Articles’ final debut wasn’t until November 15, 1777 but to officially become one it had to make its way through every individual state to be ratified or accepted (Articles of Confederation). Later came the American Revolution which led the states dispute over political differences in other words the bickering over land Between Virginia and Maryland leading to a consequence of a 5 year delay. Soon majority of the states accepted andRead MoreUnited States Of America Constitution845 Words   |  4 PagesUnited States of America Constitution The United States of America is by far the most successful Republic governed country in the world and has managed to survive for over 223 years. The success can be contributed to the foundation that the farmers created, which is the United States Constitution. The framers knew that with time the needs of the people would evolve due to changes in society. That being said, they knew that the regulations in the Constitution would need to be adjusted or expandedRead MoreEssay on Violating the Fourth Amendment Rights of Antoine Jones788 Words   |  4 PagesIn this case, I am presenting an individual citizens Fourth Amendment protection captivated from Jones and others individuals. The government started investigating Jones with a suspicions conspiracy of drug trafficking. A tracking device installed on the defendants’ vehicle after a terminated authorize a warrant permanent to the Government to search and install a GPA on Jones vehicle. Antoine Jones and others with the same c onspiracy of the investigation were sentenced life imprisoned by the DistrictRead MoreThe Bill Of Rights Of The United States Constitution Essay1359 Words   |  6 PagesThe Bill of Rights contains the first ten amendments to the United States Constitution. These first ten amendments were ratified on December 15, 1791. The Bill of Rights define and interpret constitutional rights and protections that are guaranteed under the US Constitution. The following text is a transcription of the first ten amendments to the Constitution in their original form. â€Å"Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exerciseRead MoreEssay about Privacy Under the Fourth Amendment928 Words   |  4 PagesPrivacy Under the Fourth Amendment Katz V. The United States The petitioner Mr. Katz was arrested for illegal gambling, he had been gambling over a public phone. The FBI attached an electronic recorder onto the outside of the public phone booth. The state courts claimed this to be legal because the recording device was on the outside of the phone and the FBI never entered the booth. The Supreme Court Ruled in the favor of Katz. They stated that the Fourth Amendment allowed for the protection The Fourth Amendment Of The United States Constitution The fourth amendment to the United States Constitution is part of the Bill of Rights, and was introduced to Congress by James Madison in 1789. The role of the Fourth Amendment is to prohibit unreasonable search and seizure and a warrant is to be required that is supported by probable cause. Even though the Amendment was introduced in 1789, it wasn’t adopted as an official amendment until 1792, because in December of 1791 three quarters of the states had ratified the amendment. The fourth amendment had a case law that dealt specifically with three different questions: â€Å"what government activities constitute â€Å"search† and â€Å"seizure†; what constitutes probable cause for the actions that was taken; and how violations of the Fourth Amendment rights should be addressed†. (Brady) Pros and cons is good and bad information you need to know about something. A person’s privacy is something that shouldn’t be played with in serious cases, so one of the pros for the Fourth Amendment is it protects the privacy of citizens. Another pro is that people’s property and valuables were protected from getting taken away, which is also known as â€Å"seizure†. Before the 4th amendment was legal citizens would get arrested for no reason or a crime they didn’t commit. So, the last but not least pro of the amendment is it protected citizens from unfair and or unwarranted arrest. The amendment didn’t really have that many cons, because it was passed to help the people in a positive way. One of the consShow MoreRelatedThe Fourth Amendment Of The United States Constitution1747 Words   |  7 PagesThe Fourth Amendment of the United States Constitution applies to a person and their home by providing protection against unreasonable seiz ures and searches. While it provides protection, not every search and seizure can be deemed unreasonable unless it is classified as per the law, by determining whether there was: a) the level of intrusion of the individuals Fourth Amendment, and b) whether or not it pertains to the government’s interest, such as safety of the public. The right to protectionRead MoreFourth Amendment Of United States Constitution1139 Words   |  5 PagesSomalaraju Sateesh Kumar Raju 700628655 1. Fourth amendment of United States Constitution protects people from being undergone unwarranted searches and prevent their things from being taken away by authorities without proper authorization. If any government official or agent want to search an individual or their belongings, they should have proper reason to do that and get permission from the judge. Fourth amendment of United States constitution states that it is â€Å"the right of the people to be secureRead MoreGovernment Enforcement, Crime And The American Population Essay1139 Words   |  5 PagesOn July 4, 1776, thirteen colonies declared independence from English rule, eventually forming the United States of America (â€Å"American 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 anyRead MoreThe Violation Of Fourth Amendment844 Words   |  4 Pagescase there are a few issues on appeal raised by Sitz. One of the issues was did the checkpoint violate the Fourth Amendment and did it forbid the balancing test. Another issue was that did it actual ly fail the effectiveness part of the Brown test. Furthermore, the issue of did the sobriety checkpoint which is permitted by the United States Constitution, violate the Michigan State Constitution (supreme.justia.com n.d). There was also issues of did the sobriety checkpoint have a very high or low arrestRead MoreFourth Amendment Essay1041 Words   |  5 PagesThe Fourth Amendment in the Bill of Rights is the foundation for life of citizens in the United States: everyone needs it, and without it, they would crumble and fall subject to government tyranny. In the case of the Fourth Amendment, the framers needed to find a way to protect the people of their country, whether it was for citizens to be secure in their houses, their papers, or their person, the framers had to amend a law that would defend their country and its beliefs against government intrusionRead MoreThe First Articles Of Confederation971 Words   |  4 Pagesthis was the United States first Articles of Confederation . The Articles’ final debut wasn’t until November 15, 1777 but to officially become one it had to make its way through every individual state to be ratified or accepted (Articles of Confederation). Later came the American Revolution which led the states dispute over political differences in other words the bickering over land Between Virginia and Maryland leading to a consequence of a 5 year delay. Soon majority of the states accepted andRead MoreUnited States Of America Constitution845 Words   |  4 PagesUnited States of America Constitution The United States of America is by far the most successful Republic governed country in the world and has managed to survive for over 223 years. The success can be contributed to the foundation that the farmers created, which is the United States Constitution. The framers knew that with time the needs of the people would evolve due to changes in society. That being said, they knew that the regulations in the Constitution would need to be adjusted or expandedRead MoreEssay on Violating the Fourth Amendment Rights of Antoine Jones788 Words   |  4 PagesIn this case, I am presenting an individual citizens Fourth Amendment protection captivated from Jones and others individuals. The government started investigating Jones with a suspicions conspiracy of drug trafficking. A tracking device installed on the defendants’ vehicle after a terminated authorize a warrant permanent to the Government to search and install a GPA on Jones vehicle. Antoine Jones and others with the same c onspiracy of the investigation were sentenced life imprisoned by the DistrictRead MoreThe Bill Of Rights Of The United States Constitution Essay1359 Words   |  6 PagesThe Bill of Rights contains the first ten amendments to the United States Constitution. These first ten amendments were ratified on December 15, 1791. The Bill of Rights define and interpret constitutional rights and protections that are guaranteed under the US Constitution. The following text is a transcription of the first ten amendments to the Constitution in their original form. â€Å"Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exerciseRead MoreEssay about Privacy Under the Fourth Amendment928 Words   |  4 PagesPrivacy Under the Fourth Amendment Katz V. The United States The petitioner Mr. Katz was arrested for illegal gambling, he had been gambling over a public phone. The FBI attached an electronic recorder onto the outside of the public phone booth. The state courts claimed this to be legal because the recording device was on the outside of the phone and the FBI never entered the booth. The Supreme Court Ruled in the favor of Katz. They stated that the Fourth Amendment allowed for the protection