The 4th amendment, which is contained in the Bill of Rights, is a crucial part of the United States Constitution. This single sentence offers great protection to everyone, against government and its power. Although it was not always this way, this portion of the law that govern our great nation was inserted shortly after the establishment of The United States Constitution. Throughout history, there have been many cases where this single guideline has protected an individual, and through their case it has changed the way people’s privacy is respected, to include encounters with law enforcement. Although protection is of primary importance, there are also legal ways that law enforcement and government can circumvent this great protection.
When …show more content…
5). These incidents were frequent in England, where at any time, the King would order his messengers to enter citizen’s homes to seize goods whose taxes had not been paid. In addition, anyone suspected of committing a crime, was dragged out of their homes without any due process. The most famous of the English cases during this time was Entick v. Carrington. This was one of a series of civil actions against state officers who, pursuant to general warrants, had raided many homes and other places in search of materials connected with John Wilkes' polemical pamphlets attacking not only governmental policies but the King himself ("History of the 4th Amendment," n.d., para. 2). These were some of the typical issues that English settlers were concerned would continue here, and for some time they did prior to the addition of the 4th amendment to the Constitution. Now this was a great protection added to the newly formed colonies and eventually country, however, at times this amendment would continue to be overstepped by law enforcement through the government’s authority, and people’s rights were still infringed …show more content…
This of course must occur through proper procedures and without the violation of constitutional law, which we discussed though the beginning of this research paper. The main reason for the establishment of the Bill of Rights is to protect the people against governments’ power. A search occurs “when and expectation of privacy that society is prepared to consider reasonable is infringed (Cox, McCamey, & Scaramella, 2014, p. 207). Law enforcement first and foremost must establish probable cause or reasonable suspicion to detain a person or seize someone’s property. A seizure of property occurs when there is some meaningful interference with and individual’s possessory interests in that property (Cox, McCamey, & Scaramella, 2014, p. 207). For any of this to legally take
When …show more content…
5). These incidents were frequent in England, where at any time, the King would order his messengers to enter citizen’s homes to seize goods whose taxes had not been paid. In addition, anyone suspected of committing a crime, was dragged out of their homes without any due process. The most famous of the English cases during this time was Entick v. Carrington. This was one of a series of civil actions against state officers who, pursuant to general warrants, had raided many homes and other places in search of materials connected with John Wilkes' polemical pamphlets attacking not only governmental policies but the King himself ("History of the 4th Amendment," n.d., para. 2). These were some of the typical issues that English settlers were concerned would continue here, and for some time they did prior to the addition of the 4th amendment to the Constitution. Now this was a great protection added to the newly formed colonies and eventually country, however, at times this amendment would continue to be overstepped by law enforcement through the government’s authority, and people’s rights were still infringed …show more content…
This of course must occur through proper procedures and without the violation of constitutional law, which we discussed though the beginning of this research paper. The main reason for the establishment of the Bill of Rights is to protect the people against governments’ power. A search occurs “when and expectation of privacy that society is prepared to consider reasonable is infringed (Cox, McCamey, & Scaramella, 2014, p. 207). Law enforcement first and foremost must establish probable cause or reasonable suspicion to detain a person or seize someone’s property. A seizure of property occurs when there is some meaningful interference with and individual’s possessory interests in that property (Cox, McCamey, & Scaramella, 2014, p. 207). For any of this to legally take