THE 4TH AMENDMENT

The 4th Amendment



The 4th 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. But it concerned only the federal government and not the Federated States.

In this paper, it will highlight the 4th Amendment which was added to the United States Constitution as part of the Bill of Rights on December 15, 1791. It stands today as:

“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 persons or things to be seized”(Cuddihy, 1990).

It protects citizens from having their homes, businesses, papers, bank accounts, computers or other personal items from being searched unless the government official has been issued a warrant. If any evidence was obtained without a warrant, by the 4th Amendment, it was obtain illegally; and this is where a good Utah defense attorney can build a case for you. If you're facing charges, use the protection our Founding Fathers put into place for you.

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 defense against injury and violence as for his repose” (Kinvin & Hiller, 1965). 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.

Unreasonable searches carried over into Colonial America as the Britian mainly saw the colonies as a money making business. Several revenue collection laws were passed and the colonists began getting involved with smuggling to get around British customs and taxes. When news of the smuggling made its way to King George II, he began to issue “writs of assistance” which were “legal” yet broad search warrants. Colonist' homes and properties began being searched unreasonably which they naturally ...