FOURTH AMENDMENT

Conditions were Bodily Intrusion Violates the Fourth amendment



Conditions were Bodily Intrusion Violates the Fourth amendment

Introduction

The Bill of Rights (United States Bill of Rights) denotes the first ten amendments to the U.S. Constitution. It limits the powers of the federal government gives rights such as freedom of the press, of speech, of religion, assembly, and bear arms. They were adopted by Congress September 26, 1789. They entered into force on 15 December 1791, after ratification by three fourths of the states. The Bill of Rights was drafted by James Madison and a special commission. Madison was probably influenced by the debates of the Assembly of Virginia and a booklet comprising the amendments proposed by the Federated States. It aimed to limit the powers of central government, but also to grant individual rights of U.S. citizens. However, it concerned only the federal government and not the Federated States (Ducat, 1992).

Discussion and analysis

The Supreme Court has said that some searches and seizures may violate the reasonable requirements of the Fourth Amendment even if conducted with a warrant based on probable cause is limited in its powers. In contrast, the Court has approved orders routine inquiries, such as "when, based on probable cause may believe they are currently committing a criminal offense." It should be noted that the reasonableness of the requirement and the reasonableness of the order are different.

As to the reasonableness requirement of the Fourth Amendment applies not only to a apprehension combined with research, but also applies separately. The Fourth Amendment was necessary because the "writs of assistance" had alarmed the country, inspiring citizens to demand their rights. Congress recognized such claims, and thus was created the Fourth Amendment. However, what is the meaning of the words "unreasonable" under 1789 people, or people of today, or judges or juries? This question has not been answered definitively.

History of the Amendment

Elements in the 4th Amendment can be traced back to English law. The right that citizens should be protected from unreasonable searches was first introduced in Semayne's Case in 1604 when Sir Edward Coke stated, “The house of everyone is to him as his castle and fortress, as well for his defence against injury and violence as for his repose”. This statement calls the king out on not having authority to intrude on his subject's homes unless a lawful warrant had been issued. Over the years in England, the people had to fight back against the government for invading their privacy however this case established a precedent that has remain in the law ever since.

The Supreme Court has said that some searches and seizures may violate the reasonable requirements of the Fourth Amendment even if conducted with a warrant based on probable cause is limited in its powers. In contrast, the Court has approved orders routine inquiries, such as "when, based on probable cause may believe they are currently committing a criminal offense." It should be noted that the reasonableness of the requirement and the reasonableness of the order are ...