Conclusion Of The Fourth Amendment

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The Fourth Amendment is a great representation of the freedoms that the founders of the United States sought to establish in this country. This same freedom plays a key role in shaping every day police work as well as cases in court. These same ideals have also caused some hardship for law enforcement officers that neglect to yield to proper procedure. Some aspects that have been created from that very ideal allow criminals to avoid prosecution due to technicalities. Yet, the Fourth Amendment and all law that stems from it are important aspects that shape everyday law enforcement. The reach of the Fourth amendment is incredibly extensive, to the point that every one of the millions of arrest made annually is a Fourth Amendment event (Bradley). …show more content…
Yet unlike the rest of the Bill of Rights, the Fourth Amendment can be traced precisely to three cases from the 1760s (Search and Seizure: Origins, Text, And History). Two of which were decided in England and the last in the colonies, all three cases sparked strong reactions of the public (Search and Seizure: Origins, Text, And History). The first two cases were held in England and were treated as a pair. Both Wilkes v. Wood, 19 Howell’s States Trials 1153(C.P. 1763), and Entick v. Carrington, 19 Howell’s State Trials 1029 (C.P. 1765), involved pamphleteers charged with seditious libel of criticizing the King’s minister and by extension, the King himself (Search and Seizure: Origins, Text, And History). In both cases, agents of the king issued warrants authorizing the ransacking of the defendant’s houses and the seizure of all books and papers within (Search and Seizure: Origins, Text, And History). While warrants in modern day America require the signature of a magistrate and probable cause under oath or affirmation, seventieth and eighteenth-century English common law warrants could be written by any agents of the King and for any …show more content…
With such power given to the government, the people had no reasonable privacy within the very homes. It was from this unfair treatment of the people that the Fourth Amendment was created. Yet it, unfortunately, the Fourth Amendment lay dormant from its ratification in 1961 until the 1920s when a large and active federal enforcement bureau was established (Search and Seizure: Origins, Text, And History). This dormancy was due to the fact that, at the time, the Fourth amendment applied only to federal government. State and local police were not bound to federal law and federal criminal investigation and prosecution was rare (Search and Seizure: Origins, Text, And History). Three major changes were brought about in the 1920s that would secure the Fourth amendment as common law for all of America. Firstly, was the adaptation of the exclusionary rule by the Supreme Court in the case Weeks v. United States,232 U.S 314 (1914), which held that illegally seized evidence could not, under normal circumstances, be used in criminal trials (Search

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