The Fourth Amendment A Search And Seizure Reasonable

When is a search and seizure reasonable? John Vile clearly explains the origination of the Fourth Amendment and why it was created at the time of the creation of the Constitution,  ¨Like the amendment that precedes it, the Fourth Amendment was largely motivated by abuses of the British when they ruled America. They had used general warrants, or so-called writs of assistance, in tracking down customs violations in the colonies. A number of states subsequently adopted provisions against such warrants, and ratifying conventions in Maryland, Virginia, and North Carolina all proposed amendments dealing with the subject ¨(Vile). At first, the forefathers of our country created the Fourth Amendment so that the British could not infringe on the colonists privacy. The thought of privacy within schools was not even something that was of concern at the time of the creation of the Constitution. As time has gone on, our country has made advancements that our founding fathers could never have foreseen, and has left our current government to interpret the Fourth Amendment themselves. The Fourth Amendment is detrimental when it comes to someone’s privacy, especially in a school environment. It is valuable to students and teachers alike, without it teachers and staff members would be able to search a student’s belongings without a reason or warrant. The Fourth Amendment is definitely viable in the school environment because it places regulations on what the staff in the schools can do withoutShow MoreRelatedThe Fourth Amendment And The Fourteenth Amendment987 Words   |  4 PagesCitizens are protected by two constitutional amendments, under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises (including a vehicle), and any seizure of tangible evidence, must be reasonable. 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, but upon probable cause, supported by Oath or affirmation, and particularlyRead MoreEssay on The Act of Search and Seizure in the United States978 Words   |  4 Pagescrime, and the act of taking possession of this property,† also known as conducting a search and seizure. It is a necessary exercise in the ongoing pursuit of criminals. Search and seizures are used to produce evidence for the prosecution of alleged criminals. Protecting citizens from arbitrary searches, the Fourth Amendment of the Constitution is our right to limit and deny any unreasonable search and seizure. More often than not, police officers tend to take advantage of their authority by theRead MoreSearch and Seizure The purpose for the Fourth Amendment is to protect people from intrusion of the600 Words   |  3 PagesSearch and Seizure The purpose for the Fourth Amendment is to protect people from intrusion of the government in areas where they have a reasonable expectation of privacy. It prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances. â€Å"The Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction. Surveillance and investigatory actions taken by strictly private persons, suchRead MoreThe Second Amendment Of United Nations Constitution1649 Words   |  7 Pages1. Fourth Amendment: Under the fourth amendment of United Nations constitution the people have a right to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures. Warrants would not be issued, unless based on a cause and supported by an oath or affirmation with detailed description of the place to be searched and the things or persons to be seized. The aim of this amendment is to protect the right to privacy of the people and freedom of intrusions fromRead MoreFourth Amendment : Search And Seizure963 Words   |  4 PagesFourth Amendment: Search and Seizure The Fourth Amendment: Search and Seizure was passed by Congress on September 25, 1789 and ratified December 15, 1791. The Fourth Amendment provides, [t]he 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, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the personsRead MoreThe Legal Definition Of The Fourth Amendment1043 Words   |  5 PagesThe legal definition pertaining to a search and what authorizes a search has modified overtime due to decisions made in various court cases. Professor Rose at Stetson Law gives an overview of searches and seizures; the professor elaborates on the steps used when determining the legality of the Fourth Amendment. The six steps of the broad Fourth Amendment template include: who does the Amendment apply to, has there been a search or seizure/seizure, is there probable cause, did law enforcement needRead MoreInternet Security and an Invasion of Privacy1694 Words   |  7 PagesMonitoring: Violations of the Hacker’s Fundamental Right against Unreasonable Searches and Seizures The advent of technology marks the beginning of the digital era. It is an era which created a whole new world called the World Wide Web (WWW) whereas the people therein are called â€Å"netizens†. With the proliferation of the internet usage across the world, netizens are able to meet other netizens from the other side of the world, to share their thoughts, pictures, and videos, and to interact throughRead MoreStop And Frisk, Automobile Searches, And Border And Regulatory Searches1341 Words   |  6 PagesThough the Fourth Amendment can lay the foundation of the laws of search and seizures and warrants, there are still many controversies as to what is classified as a violation of an individual’s Fourth Amendment rights. However, the wording of the Fourth Amendment can be confusing as different individuals interpret privacy in various ways. Terms that may be interpreted differently in the Fourth Amendment can include: 1) right of privacy, 2) search, 3) seizure, 4) arre st, and 5) reasonableness. ThisRead MoreThe 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 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 protectionRead MoreThe Bill Of Rights1102 Words   |  5 PagesThe creations of the Bill of Rights, the first ten amendments to the United States Constitution were established to protect an individual, rights to property, and the limit the empowerment of the government. In this legal document, a person is guaranteed rights to freedoms that are often taken for granted such as, freedom of speech, religion, and bear arms; the right to refuse to self-incriminate. These rights are often seen as simple and inalienable more than less they are complex rules and exceptions