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  • Essay / 4th Amendment - 1098

    4th AmendmentIn the late 1700s, the 4th Amendment was written due to strong objections to writs of relief or general warrants. Writs Assistance gave officials the right to enter any home and seize property without reasonable cause. (Grolier Encyclopedia) The 4th Amendment was ratified in the Bill of Rights on December 15, 1771. This amendment protects people's rights to privacy and security. (Encarta Online) The Fourth Amendment states: “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 shall issue , except for probable cause. , supported by oath or affirmation, and describing in particular the place to be searched and the people or things to be seized. (Encarta Online) In the case of Katz v. United States, it has been stated that "the 4th Amendment protects people, not certain areas, from search and seizure." (Katz v. United States) Without this amendment, people would have no rights to their privacy or security. Any officer can enter homes and collect any evidence that could be used to make an arrest or for prosecution in court. In order for the police or other higher authority to legally search and seize evidence from a suspect, it is necessary that a judge must grant a search warrant. (Encarta Online) The warrant authorizes the officer to seize specially described items and bring them to the court that issued the warrant. At common law, search warrants were primarily used to discover stolen property. In modern law, they hold a variety of items, including intoxicating liquors, gambling instruments, counterfeiting tools, burglary tools, contraband goods, obscene literature, narcotics, firearms illegal and any item the possession of which constitutes a crime or which can be used. prominently. (Encarta Online) The warrant must specify the location where the search is to be carried out and the property to be seized. Under no circumstances can an agent obtain a warrant from a judge. (Grolier Encyclopedia) The agent may have to give reasonable cause. As held in the case of Illinois v. Gates in 1983, “to establish probable cause, one must demonstrate the probability of criminal activity; a prima facie hearing is not required. (Illinois v. Gates) The accused has the right to fight on the field when the war...... middle of paper ......cabin. After his arrest, the court ruled that even though it was a private call, even though it was a public place. It was an illegal search. Now, because of this case, police must have a search warrant before resorting to wiretapping. This applies to everyone. (Katz v. United States) Along with the first eight amendments, the 4th Amendment deals with personal liberty. (Encarta Online) The 4th Amendment protects citizens from being charged with a crime without probable cause. Citizens of the United States of America deserve and maintain the right to privacy and security in their own homes. Sources cited: Encarta Online. 2001. Microsoft Encarta Online Encyclopedia. September 29, 2001. .?Illinois v. Gates.? Ed. Ralph B. Strickland, Jr. September 1994. North Carolina Academy of Justice. September 30, 2001. The Grolier Encyclopedia. CD-ROM. 1996 ed. New York: New York, 1996. Katz versus the United States? 1967. .Historical channel online. 2000. Columbia University Press. September 30 2001./>.