Monday, February 3, 2014

The Fourth Amendment

The Fourth Amendment was added to the Bill of Rights on December 15, 1791. It reads, The right of the draw poker to be secure in their whatever onenesss, houses, written document, and effects, against unreasonable searches and seizures, shall non 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 contactd (2006, Cole/Smith P.131). The Fourth Amendments was added to protect population and mend the political science from unreasonable searches and seizures. The history of the Fourth Amendment dates back off to 1765 in England from the case Entick vs. Carrington. Lord Halifax ordered his men to present into privy Enticks home office with force and arms to seize private papers that were critical to Lord Halifax polices. Lord head word Judge Camdens ruled in Enticks favor stating By the justices of England, every encroachment of private pro perty, be it ever so minute, is a trespass. No man can set his home 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 if provides protection from irregular search and seizure by government officials. In archeozoic America, citizens were considered equal with law enforcement officers, and they were rarely permitted to present 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 deuce 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, o n a bus, Border Patrol Agent squeezed a canv! as dishful owned by Bond, and noticed that it contained a...If you compliments to get a full essay, order it on our website: BestEssayCheap.com

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