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¶ … Law Fourth Amendment
Common law affirmed that evidence even that which is obtained through illegal means was admissible and was never excluded simply because it was obtained through illegal means. Common law evidence of the guilt of a defendant provided complete defense against charges that a search was violating the rights of a defendant. The fourth amendment to the United States constitution was included as part of the Bill of Rights on December 15, 1791.this amendment deals with the protection of people from searches that are done in their homes as well as their private property without a proper execution of a search warrant. The fourth amendment sates that '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, upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The 4th Amendment requires that for a government official to search a person's house, papers, bank accounts or persona items they must obtain a search warrant that is duly signed by a person with proper...
In 1914 declaring that any evidence that was obtained through illegal means was not admissible in a criminal court.
Due to the great importance of the fourth amendment to Americans there is need to look at the history behind its inclusion and inception into the constitution. The founders held the belief that the freedom against government intrusion into peoples homes was a natural right meaning it was granted from God and it was fundamental or of great importance when it comes to liberty. The idea of protecting citizens from unreasonable seizures and searches dates back into the English history.in1604, Sir Edward Coke was the first to make identification of this right. He said that 'The house of…
References
SKlansky, D.A. (2000).The Fourth Amendment and common law. Retrieved January 25, 2014 from http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1004&context=facpubs
Smith P.B. (2006).The Fourth Amendment, 1789-1868: Astarnge History. Retrieved January 25, 2014 from http://moritzlaw.osu.edu/students/groups/osjcl/files/2012/05/Smith-PDF2.pdf
The government was triggered for the sake of the people. People had honor and dignity. each person was important, and the privacy and dignity of each had to be respected. Given the ambitions of man and man's love for power, it is all too easy for man to rise to positions of power and dominate others. The Fourth Amendment is important in that it protects the honor and asserts the
National Do-Not-Call Registry and the CAN SPAM Act are both attempts to protect individuals from corporate marketing strategies. The National Do-Not-Call-Registry attempts to limit the ability of corporations to place unsolicited commercial calls to consumers, by allowing consumers to register up to three numbers on a Do-Not-Call list. Charities and political organizations are exempt from the list. The CAN SPAM Act is aimed at preventing spam email. While these
Fourth Amendment by the United States Supreme Court has sometimes been characterized by several controversies. One of the controversies associated with Supreme Court's interpretation of the Fourth Amendment is the belief that it's a demonstration of the challenges in determining a fair balance. As a result of this interpretation, a public-order advocate may argue that the exclusionary rule has restricted the capabilities of law enforcement officers to effectively safeguard
Stop and Frisk In theory, a stop and frisk is "A brief, non-intrusive, police stop of a suspect." (Legal Information Institute, N.p.) These detentions can comply with Fourth Amendment standards under very specific circumstances. "The Fourth Amendment requires that the police have a reasonable suspicion that a crime has been, is being, or is about to be committed before stopping a suspect. If the police reasonably suspect the person is armed
Open Field Doctrine The Fourth Amendment is one of the most important and hotly contested and debated amendment within the Bill of Rights to the United State Constitution. Many people focus on the First and Second amendment. The Fourth Amendment, when discussed, usually comes up when speaking of house/car searches and whether warrants are needed and how they can and should be procured. Interpretations of the Fourth Amendment have led to
U.S. Constitution -- Fourth Amendment Fourth Amendment At the moment of independence of the United States from Great Britain, the colonials sought to create a charter of laws and regulations that would preserve the people's rights when placed in the face of government. Monarchy for the colonies was at an end; because of the experiences of the people, it was clear to the colonial inhabitants of the then-13 colonies that made up