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The Fourth Amendment to the United States Constitution was introduced in 1789 and ratified in 1791. It is part of the Bill of Rights, which comprises the first 10 amendments to the Constitution. The Fourth Amendment was a response to the use of general warrants and writs of assistance during the colonial era, which allowed British officers to search homes without restraint. The amendment protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. It also requires probable cause for searches and seizures and outlines the process for obtaining warrants.
| Characteristics | Values |
|---|---|
| Date proposed | 25 September 1789 |
| Date ratified | 15 December 1791 |
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What You'll Learn
The Fourth Amendment was introduced in 1789
The Fourth Amendment to the United States Constitution was introduced in 1789. It was proposed by the First Congress of the United States on September 25, 1789, as one of twelve amendments to the Constitution. The Fourth Amendment was a response to the issue of general warrants, which allowed British officers to search homes without restraint and was a central matter to the early American experience.
The Amendment states 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. It also states that no warrants shall be issued without probable cause, supported by oath or affirmation, and that the place to be searched and the persons or things to be seized must be particularly described.
The Fourth Amendment was ratified, along with nine other proposed amendments, on December 15, 1791, forming the first ten amendments of the Constitution, or the Bill of Rights. The Fourth Amendment is the foundation of criminal law jurisprudence in the United States, articulating the rights of persons and the responsibilities of law enforcement officials.
The Amendment's two clauses have been the subject of considerable public, political, and judicial debate, with the Supreme Court playing a significant role in interpreting and expanding the protections granted by the Amendment. The Fourth Amendment has been central to landmark cases such as Entick v. Carrington, Mapp v. Ohio, Katz v. United States, and Riley v. California, shaping the understanding of individual liberty, privacy, and unlawful searches and seizures.
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It was ratified in 1791
The Fourth Amendment to the United States Constitution was ratified on December 15, 1791. It was part of the Bill of Rights, which comprised the first ten amendments to the Constitution.
The Fourth Amendment was introduced in 1789, addressing a matter central to the early American experience: the principle that, within reason, "Every man's house is his castle," and that citizens accused of crimes ought to be provided with protections. In U.S. constitutional law, the Fourth Amendment is the foundation of criminal law jurisprudence, outlining the rights of persons and the responsibilities of law enforcement officials.
The Fourth Amendment deals with three main issues: what government activities constitute "search" and "seizure," what constitutes probable cause for these actions, and how violations of Fourth Amendment rights should be addressed. The text of the amendment is brief, and most of the law determining what constitutes an unlawful search and seizure is found in court rulings. The amendment states 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. Additionally, no warrants shall be issued without probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
The Fourth Amendment's protections have been interpreted and refined through various court cases over time. Early court decisions limited the amendment's scope to physical intrusion of property or persons. However, in Katz v. United States (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as physical locations. Other cases, such as Riley v. California (2014), have further clarified the amendment's scope and its role in protecting individuals' rights.
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It was a response to general warrants
The Fourth Amendment to the United States Constitution was passed by Congress on September 25, 1789, and ratified on December 15, 1791. It is part of the Bill of Rights, which comprises the first ten amendments to the Constitution.
The Fourth Amendment was indeed a response to the dangers presented by general warrants. In the 1760s, there was an increase in litigation against state officers who used general warrants to conduct raids in search of materials relating to John Wilkes's publications. The most famous of these cases was that of John Entick, whose home was forcibly entered by the King's Messenger, Nathan Carrington, and others, pursuant to a warrant issued by George Montagu-Dunk, the 2nd Earl of Halifax.
General warrants allowed any officer or messenger to search suspected places without evidence of a committed crime, or to seize persons not named in the warrant or whose offense was not particularly described and supported by evidence. The Virginia Declaration of Rights, written in 1776, explicitly forbade the use of general warrants, and this prohibition became a precedent for the Fourth Amendment.
The Fourth Amendment sets out requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. The amendment also prohibits unreasonable searches and seizures, protecting the right of the people to be secure in their persons, houses, papers, and effects.
Case law surrounding the Fourth Amendment deals with three central issues: what government activities constitute "searches" and "seizures"; what constitutes probable cause for these actions; and how violations of Fourth Amendment rights should be addressed.
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It protects against unreasonable searches
The Fourth Amendment to the United States Constitution was passed by Congress on September 25, 1789, and ratified on December 15, 1791. It was added to the Constitution to protect people's right to privacy and freedom from unreasonable intrusions by the government.
The Fourth Amendment states 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, 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.
The Fourth Amendment protects people from unreasonable searches and seizures by the government. This means that the government must have a warrant based on probable cause to conduct a search or seizure. The amendment also requires that the warrant specifically describes the place to be searched and the persons or things to be seized.
The amendment's protection against unreasonable searches and seizures applies to both physical locations and intrusions on the privacy of individuals. A search occurs when there is an infringement on an expectation of privacy that society considers reasonable. For example, in Katz v. United States (1967), the Supreme Court held that wiretapping a public phone booth violated the petitioner's reasonable expectation of privacy.
To determine whether a search or seizure is reasonable, courts will consider the totality of the circumstances, including the degree of intrusion and the manner in which the search or seizure is conducted. In general, warrantless searches and seizures are presumed to be unreasonable unless they fall within specific exceptions, such as consent searches, motor vehicle searches, evidence in plain view, exigent circumstances, or border searches.
The Fourth Amendment's protection against unreasonable searches and seizures is an essential safeguard for civil liberties and the right to privacy. It ensures that the government cannot arbitrarily invade people's personal security, liberty, and property.
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It requires probable cause for searches
The Fourth Amendment of the U.S. Constitution, which was passed by Congress on September 25, 1789, and ratified on December 15, 1791, requires probable cause for searches. This amendment was added to the Constitution to address concerns about the lack of adequate guarantees for civil liberties. Four state conventions proposed restrictions on the new federal government's authority to conduct searches. As a result, James Madison proposed twenty constitutional amendments, including an amendment requiring probable cause for government searches.
The Fourth Amendment protects people's right to privacy and freedom from unreasonable intrusions by the government. It states 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". This means that people have the right to be free from arbitrary searches and seizures by the government, and that any search or seizure must be reasonable and based on probable cause.
Probable cause is a central concept in the Fourth Amendment's warrant clause. While the amendment itself does not define "probable cause", it requires that warrants be issued based on probable cause, supported by oath or affirmation, and with a specific description of the place to be searched and the persons or things to be seized. An applicant for a warrant must present sufficient facts to enable the officer to make a determination of probable cause.
The determination of probable cause can be based on information from informants, but it must be corroborated and provide a substantial basis for finding probable cause. For example, in the case of Jones v. United States, the Court held that the corroboration of an informant's tip, along with the informant's reliability and sufficient detail, established probable cause to support an arrest. Similarly, in the case of Illinois v. Gates, the Court found that an "anticipatory" warrant did not violate the Fourth Amendment as long as there was probable cause to believe that there was a fair probability that contraband or evidence of a crime would be found in a specified place.
In some cases, warrantless searches may be lawful if there is probable cause and exigent circumstances, such as imminent danger, imminent destruction of evidence, or a suspect's escape. For example, an officer may lawfully search any area of a vehicle if there is probable cause to believe it contains evidence of criminal activity. Additionally, school officials do not need a warrant to search a student, but the search must be reasonable under the circumstances.
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Frequently asked questions
The 4th Amendment was introduced in 1789 and ratified in 1791.
The 4th Amendment was added to the Constitution to address concerns about civil liberties.
The 4th Amendment deals with the rights of the people to be secure in their persons, houses, papers, and effects, protecting them from unreasonable searches and seizures.
Twelve amendments were proposed by the First Congress of the United States on September 25, 1789.
Ten out of the twelve proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791. These ten amendments constitute the Bill of Rights.
