Fourth Amendment's Search and Seizure Laws

Fourth Amendment's Search and Seizure Laws

Introduction

The paper intends to expound the 4th Amendment's search and seizure laws comprehensively. The fourth amendment of the United States constitution was sanctioned in 1791 as the part of bill of rights which basically attempts to proscribe the illegitimate or illegal conduct of search and seizure of the personal property. This law attempts to safeguard and protect the rights of US citizens against the unjustifiable investigation and arrests. However, the law approves the search and seizure warrants that have been judicially approved by the court and which are supported by the probable grounds. The law also affirmed that the warrant must explicate the specifications about the place to be searched, the persons to be arrested, and the things to be confiscated which must be based on the declaration or the oath of the warrant issuance officer. Although, in some cases, there are some explicit exemptions according to which that not every warrant must be pursuant to the legitimate execution. The supreme court of United States has held this law germane and applicable to the state governments wherein all of the state constitutions would be having the similar provisions.

In short, the study attempts to provide in depth information on the fourth amendment of US which is pertinent to protect people from the search, arrest and seizure warrant. The purpose of the study is to enlighten the knowledge of people with the comprehensive explanation of the law, its exemptions, and importance.

Discussion

The fourth amendment of the US constitution safeguards against the unlawful and unreasonable conducts of searches, arrests and seizures which is either executed by government or the pursuant to the governmental directions. The fourth amendment to the US constitution attempts to define the law as;

“The right of the US citizens to be secured in their persons and houses against the unjustifiable and unlawful searches and arrests as well as their rights should not be violated. However, in case of probable reasons along with the affirmation of the warrant which specifically expounds the place to be searched and the persons to be arrested, the search can be executed”.

The definition attempts to signify that the warrant as well as detention must be reasonable and be backed with the strong grounds. However, the detention in case of criminal arrest of more than forty eight hours without the sound reasoning also violates the law. Since the purpose of fourth amendment is to ensure citizens of United States that law protects their privacy interests and the search and seizure intrusions are not the arbitrary acts of the governments. Hence, the fourth amendment embodies the statement that the house of the every man is his castle where it prohibits the legal bodies to enter into the home without the prior warrant until and unless there is an exception to the warrant requirement. In addition to it, the fourth amendment of US constitution strictly not governs the surveillance and investigations executed by the private people that include the ...