Wednesday, February 13, 2013

The Fourth Amendment

The Fourth Amendment was added to the Bill of Rights on December 15, 1791. It reads, The right of the lot to be secure in their someones, houses, written document, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by bloke or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (2006, Cole/Smith P.131). The Fourth Amendments was added to protect people and mend the government from unreasonable searches and seizures. The history of the Fourth Amendment dates back to 1765 in England from the case Entick vs. Carrington. Lord Halifax ordered his men to break into privy Enticks home office with force and arms to seize private papers that were critical to Lord Halifax polices. Lord Chief Judge Camdens ruled in Enticks favor stating By the laws of England, every encroachment of private property, be it ever so minute, is a trespass. No man can set his foot upon my ground without my evidence (2004, Barnett,P.630). This set precedent for the way the law would be punish for the future of the United States.
The 4th Amendment only provides protection from irregular search and seizure by government officials.

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In archeozoic America, citizens were considered equal with law enforcement officers, and they were rarely permitted to enter ones private home without permission. The word privacy get winds whether or not the Fourth Amendment applies, to well-nigh extent. The Courts use a two question test to determine whether at the time of the search, a defendant had a sure expectation of privacy in the place or things that were searched. Did the person actually expect some degree of privacy? Or is the persons expectation objectively reasonable, and is it one that society is willing to have it away?(2000 Chief Justice P.1) In the case BOND v. linked STATES, on a bus, Border Patrol Agent squeezed a canvas bag owned by Bond, and noticed that it contained a...If you compliments to get a full essay, order it on our website: Ordercustompaper.com



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