Thursday, November 7, 2019

Does the Fourth Amendment Work essays

Does the Fourth Amendment Work essays Does the Fourth Amendment Work? The Fourth Amendment to the Constitution of the United States of America arguably has to be one of the most misused, misguided, and misunderstood laws ever written It was adopted as protection against unreasonable searches and seizures being experienced by American colonists. Writs of assistance gave royal officials the right to conduct searches of the homes of private citizens. It was their way of discovering violations of British customs laws. The Fourth Amendment was a protection against this invasion of privacy. (Fourth Amendment-Why it Was Created) 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 particularly describing the place to be searched, and the person or things to be seized. (Corwin,1978, pg 341) Written over two hundred years ago, this amendment still protects us today. Or does it? Are our Fourth Amendment rights being upheld, or are we being denied their protection in a world that has become too technologically advanced? Television would have you believe that a warrant is in hand before every search, peoples privacy is respected, and unlawful arrests are not made, but what about in the real world? Growing concerns regarding crime and public safety have forced our Courts to balance the privacy rights of the Constitution with the needs of law enforcement officers Ball 2 who investigate and arrest dangerous criminals. The Constitutions ban against unreasonable searches and seizures has been reduced in recent years and adapted to fit the needs of modern law enforcement. (Corwin, 1978, pgs 342-343) Danny Kyllo was sentenced to more than five years in prison for growing marijuana inside his home. How did the police know he was growin...

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