Argumentative Essay: The Fourth Amendment

Few of the amendments of the Constitution of the United States of America are interpreted as when it was first drafted such as the Fourth Amendment. The Fourth Amendment has been alternating within time to continue serving justice to our people. Many court cases prove the growth of the amendment. During the British rule amongst the colonies, officers possessed a Writs of Assistance to propose a tax among the people which lead to smuggling. The Writs of Assistance allowed officers the right to intrude the homes of the colonists. The Fourth Amendment states "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." It prohibits …show more content…
One of which had a major influence on the amendment, the landmark case of "Mapp v. Ohio" in 1961. Mapp was initially convicted of the possession of pornographic materials by the County Ohio Court of Common Pleas. The conviction was later upheld by the Ohio Court of Appeals. Mapp took her case to the Supreme Court of the United States and it was determined that her Fourth Amendment right had been violated. As evidence gathered was done without a legal search warrant, it could not be used in the prosecution. However, Mapp was convicted in the lower courts; the Fourth Amendment had, in fact, been violated. The officers that came to her home did not have a warrant and unlawfully searched the home to find evidence used to convict her; this brought up the question of, what should happen with evidence that is obtained illegally? Evidence obtained illegally is not admissible in court, and information obtained from illegally obtained evidence cannot be used either because of the Fruit of the Poisonous Tree