Malcolm Rivera
The Fourth Amendment to the United States Constitution, part of the Bill of Rights, was ratified on December 15, 1791. Introduced in 1789, the amendment protects citizens from unreasonable search and seizure by the government. It requires that warrants be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and describe the place to be searched and the persons or things to be seized. The Fourth Amendment has been the subject of numerous Supreme Court decisions and debates over the years, with its interpretation and protections evolving over time.
| Characteristics | Values |
|---|---|
| Date of ratification | 15 December 1791 |
| Date introduced | 1789 |
| States that ratified on 20 November 1789 | New Jersey |
| States that ratified on 19 December 1789 | Maryland |
| States that ratified on 22 December 1789 | North Carolina |
| States that ratified on 19 January 1790 | South Carolina |
| States that ratified on 25 January 1790 | New Hampshire |
| States that ratified on 28 January 1790 | Delaware |
| States that ratified in February-June 1790 | New York, Pennsylvania, Rhode Island |
| States that ratified on 3 November 1791 | Vermont |
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What You'll Learn
The Fourth Amendment was ratified on December 15, 1791
The Fourth Amendment to the United States Constitution was ratified on December 15, 1791. It is part of the Bill of Rights, which consists of the first ten amendments to the Constitution. The Fourth Amendment was introduced in 1789 and was ratified by three-fourths of the states by December 15, 1791.
The amendment protects citizens from unreasonable search and seizure by the government, with a search defined as anything from a frisking by a police officer to a blood test to a search of an individual's home or car. A seizure occurs when the government takes control of an individual or something in their possession. The Fourth Amendment sets out requirements for issuing warrants, stating that 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 historical context of the Fourth Amendment is very different from the modern world in which it has been invoked. In the late 18th and early 19th centuries, policing was largely conducted by citizens during nighttime patrols, while elected sheriffs and constables were found in formal leadership settings. As American cities grew, many leaders called for the creation of full-time police officers to maintain law and order. The Fourth Amendment was a response to the use of "general warrants" and "writs of assistance" in the colonial era, which allowed British officers to search homes without restraint for evidence of criminal activity.
The Fourth Amendment has been the subject of numerous debates in the 20th and 21st centuries, particularly surrounding mass surveillance programs conducted by the federal government. The amendment has also been interpreted differently over time, with its constitutional meaning being inherently fluid.
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The Fourth Amendment prohibits unreasonable searches and seizures
The Fourth Amendment, which is part of the United States Constitution's Bill of Rights, was ratified on December 15, 1791. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants. The amendment was created in response to the use of "writs of assistance" in the colonies, which authorised officials to conduct warrantless searches for untaxed items.
The Fourth Amendment states that 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. This amendment ensures that law enforcement officers do not have the authority to make judgments about searches and seizures, which must instead be determined by a neutral and detached magistrate.
The amendment does not prohibit all searches and seizures but only those deemed unreasonable under the law. The reasonableness of a search or seizure is the ultimate measure of its constitutionality. Generally, warrantless searches and seizures are presumed to be unreasonable unless they fall within specific exceptions. For example, warrantless searches and seizures of abandoned property or property in an open field are not considered violations as it is not reasonable to expect a right to privacy in these cases.
The Fourth Amendment has been the subject of several landmark court cases that have shaped its interpretation and application. For instance, the 1967 case Katz v. United States established that the amendment's protections extend beyond physical intrusion of property or persons to include intrusions on the privacy of individuals. Another case, Riley v. California in 2014, clarified that the Fourth Amendment protects against the government's use of 'general warrants' and 'writs of assistance', which had been used in the colonial era to allow unrestrained searches for evidence of criminal activity.
The longevity and future of the Fourth Amendment have been debated in the 20th and 21st centuries, particularly in the context of national security and the War on Terror, with some arguing for the need for mass surveillance to deter crime and terrorism.
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The Fourth Amendment sets requirements for issuing warrants
The Fourth Amendment, which was ratified on December 15, 1791, sets out requirements for issuing warrants. The amendment, which is part of the Bill of Rights, prohibits unreasonable searches and seizures and outlines the conditions under which warrants can be issued.
Firstly, warrants must be issued by a judge or magistrate. In the case of Boyd v. United States (1886), the Supreme Court ruled that the Fourth Amendment was a "landmark of English liberty" and a “guide to understanding” what the Framers intended when writing the amendment. The Court noted that the battle for individual liberty and privacy was won in cases such as Entick v. Carrington, where the judgment emphasised the necessity of warrants and the role of an independent magistrate in authorising searches and seizures.
Secondly, warrants must be justified by probable cause. This means that a law enforcement officer must demonstrate to a court-authorised magistrate that there is a reasonable suspicion or belief that a crime has been committed, and that a search or seizure will yield relevant evidence. The probable cause must be supported by oath or affirmation, meaning that the officer must swear by their suspicion and be accountable to the issuing court.
Thirdly, warrants must particularly describe the place to be searched and the persons or things to be seized. This specification ensures that the invasion of privacy is limited in scope and justified by the probable cause presented.
The Fourth Amendment's requirements for issuing warrants aim to protect people's right to privacy and freedom from unreasonable government intrusions. While it does not guarantee protection from all searches and seizures, it ensures that inferences and judgments are made by a neutral magistrate, rather than by law enforcement officers alone.
The amendment has been the subject of ongoing debates and interpretations, particularly in the 20th and 21st centuries, as new technologies and security concerns have emerged. For example, during the Cold War, the federal government's surveillance programs raised questions about the applicability of the Fourth Amendment in the context of mass surveillance.
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The Fourth Amendment is part of the Bill of Rights
The Fourth Amendment to the United States Constitution is a part of the Bill of Rights, which comprises the first ten amendments to the Constitution. The Fourth Amendment was introduced in 1789 and ratified on December 15, 1791, along with the other nine amendments.
The Fourth Amendment protects people against unreasonable searches and seizures by government officials. It sets out the requirements for issuing warrants, stating that warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must specifically describe the place to be searched and the persons or things to be seized.
The amendment's protection against unreasonable searches and seizures applies in a variety of contexts, including in public schools and to public school officials, and in places where individuals have a reasonable expectation of privacy, such as a private conversation on a public pay phone. The Supreme Court has held that evidence obtained through an illegal search and seizure that violates the Fourth Amendment is inadmissible in a criminal trial.
The Fourth Amendment has been the subject of debate and interpretation over the years, with Supreme Court cases shaping its application and scope. For example, in Mapp v. Ohio (1961), the Supreme Court extended the exclusionary rule to all criminal proceedings, while in Katz v. United States (1967), the Court held that the amendment's protections extend to intrusions on the privacy of individuals.
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The Fourth Amendment is an amendment to the US Constitution
The Fourth Amendment was a response to the use of "general warrants" and "writs of assistance" in the colonial era, which allowed British officers to conduct unrestrained searches of homes for evidence of criminal activity. The amendment's protection against unreasonable searches and seizures applies in various contexts, including in public schools and for public school officials, and has been extended to intrusions on the privacy of individuals, such as electronic surveillance and wiretapping.
The Supreme Court has held that all evidence obtained through an illegal search and seizure that violates the Fourth Amendment is inadmissible in a criminal trial in a state court. This was demonstrated in the Silverthorne Lumber Co. v. United States case in 1920, where illegally seized and copied evidence was deemed "tainted" and inadmissible. Similarly, in Nardone v. United States in 1939, the court ruled that evidence obtained through warrantless wiretaps was inadmissible in court proceedings.
The Fourth Amendment has been the subject of debate, particularly in the 20th and 21st centuries, regarding its longevity and future. During the Cold War, the federal government implemented mass surveillance programs targeting both suspected threats to national security and ordinary citizens. The 9/11 terrorist attacks and the War on Terror also led to increased surveillance, raising questions about the balance between national security and individual privacy rights.
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