Sunday, September 26, 2010

Fourth Amendment


“The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. The amendment specifically also requires search and arrest warrants be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it (1).”

The government can collect information on a person, if they suspect they are criminals or danger to national security. The government is allowed to go after the people with search and seizure without alerting the person before it happens.

“MINNESOTA v. OLSON (495 U.S. 91) : April 18, 1990 (7-2)
A decision finding that guests in homes have constitutional privacy protections. In this case the defendant was staying with a friend when the police arrived and surrounded the home on a Sunday afternoon. The police phoned the home and the resident told the police the defendant wasn't there after which the police burst into the home to find the defendant hiding in a closet. The Supreme Court ruled that breaking into the home without a warrant was unlawful (2).”

1.http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution

2. http://www.erowid.org/freedom/courts/courts_decisions_privacy.shtml

1 comment:

  1. Nice post, i am really trying to figure out where your going with this post though. I really dont feel like you gave your personal thought on the issue. But i'm not your teacher i just honestly want to know how your position on the issue? I will tell you; I believe the fourth amendment is being abused every hour of every day inside and outside an investigation. I believe like any judicial system there are ways to get around things. And one of those things are officers who know how to search and go through other peoples things without search warrants. Do you disagree Erika?

    ReplyDelete