Jonah Patel
The Fourth Amendment to the United States Constitution, which was introduced in Congress in 1789 and ratified in 1791, prohibits the federal government from conducting unreasonable searches and seizures without a warrant and probable cause. This amendment was proposed to protect people's right to privacy and freedom from unreasonable government intrusion, and it has been the basis for many criminal law topics, privacy law, and case law regarding searches, seizures, and surveillance.
| Characteristics | Values |
|---|---|
| Date introduced in Congress | 25 September 1789 |
| Date submitted to states for ratification | 28 September 1789 |
| Date ratified | 15 December 1791 |
| Date announced as officially part of the Constitution | 1 March 1792 |
| Introduced by | James Madison |
| Number of original amendments proposed | 20 |
| Number of final amendments proposed | 12 |
| Basis | Virginia Declaration of Rights (1776), Article XIV of the Massachusetts Declaration of Rights (1780), English Bill of Rights (1689) |
| Purpose | To protect people's right to privacy and freedom from unreasonable intrusions by the government |
| Protection | Against unreasonable searches and seizures |
| Protection | Against arbitrary arrests |
| Basis for | Laws regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance |
| Basis for | Privacy law |
| Basis for | Criminal law |
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The right to privacy
The Fourth Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, is part of the Bill of Rights. The amendment was created in response to increasing infringements on privacy in the colonies and England. In the colonies, "writs of assistance" allowed officials to conduct warrantless searches for untaxed items, while "general warrants" in England allowed royal officials to search the belongings of those suspected of being political enemies.
The Fourth Amendment protects "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures". This means that people are protected from arbitrary arrests and unreasonable intrusions by the government, and that searches and seizures of an individual's home and property must be authorised by a judge and be on the grounds of "probable cause".
The Fourth Amendment is central to privacy law and is the basis for laws regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance. To claim a violation of Fourth Amendment rights, a claimant must prove that their reasonable expectation of privacy was invaded.
In the 20th and 21st centuries, there have been debates about the future of the Fourth Amendment, particularly in the context of national security and terrorism. Some argue that mass surveillance programs are necessary to deter crime and terrorism and are justified under the "probable cause" clause of the amendment. However, critics argue that these programs are too invasive and violate the right to privacy.
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Search warrants
The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It was introduced in Congress in 1789 by James Madison and ratified on December 15, 1791. The Fourth Amendment prohibits unreasonable searches and seizures and sets requirements for issuing search warrants.
The Fourth Amendment's protection against unreasonable searches and seizures extends beyond physical locations to include an individual's privacy. This means that searches conducted without a warrant, consent, or probable cause may violate the Fourth Amendment. However, there are exceptions to the warrant requirement. For example, a warrantless search may be lawful if an officer has consent, if it is incidental to a lawful arrest, or if there are exigent circumstances, such as imminent danger or destruction of evidence.
The amendment also addresses the issue of general warrants, which were used by government officials in the past to conduct raids without providing specific information about the suspected crime or the persons or places to be searched. The Fourth Amendment prohibits the use of such general warrants, ensuring that searches are based on reasonable suspicion and are limited in scope.
The Fourth Amendment has been the basis for numerous Supreme Court decisions and continues to shape the law regarding search warrants, privacy, and government surveillance. It is an important safeguard for individuals' rights and freedoms, ensuring that searches and seizures are reasonable and justified.
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Stop-and-frisk
The Fourth Amendment of the U.S. Constitution protects the rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. It states that no warrants shall be issued without probable cause, supported by oath or affirmation, and with a particular description of the place to be searched and the persons or things to be seized.
The Fourth Amendment is relevant to stop-and-frisk cases, which refer to brief, non-intrusive police stops of individuals. For a stop-and-frisk to be lawful, it must be based on reasonable suspicion, good cause to believe, and articulable suspicion that a crime has been, is being, or is about to be committed by the suspect. If the police reasonably believe that the individual is armed and dangerous, they may conduct a quick pat-down of the suspect's outer clothing to search for weapons.
The legality of stop-and-frisk practices under the Fourth Amendment was examined in the Supreme Court case Terry v. Ohio (1968). The Court ruled that stop-and-frisk falls under the Fourth Amendment, upholding the right of citizens to walk freely without being stopped by police. The Court recognised the importance of balancing individual freedoms with the investigative function of the police, especially regarding the dangers of a broad stop-and-frisk law towards minorities and the poor.
In subsequent cases, the Supreme Court has provided further clarification on the admissibility of evidence obtained during stop-and-frisk encounters. In Brown v. Illinois (1975), the Court held that evidence obtained through the exploitation of an illegal arrest is not admissible. On the other hand, in Utah v. Strieff (2016), the Court ruled that if there is a valid, pre-existing, and untainted arrest warrant for an individual, any evidence obtained from a stop of that individual would be admissible in court, even if the stop violated the Fourth Amendment.
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Wiretaps
The Fourth Amendment of the U.S. Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This amendment is located in the Bill of Rights, which comprises the first ten amendments to the Constitution.
The Fourth Amendment is relevant to the issue of wiretaps, which are a form of electronic surveillance. Wiretapping involves the secret monitoring of telephone or electronic communications, often through the use of microphones or recording devices. The amendment's protection against unreasonable searches and seizures has been interpreted to include electronic communications, even though this was not considered by the framers of the Constitution when it was written.
The question of whether wiretapping violates the Fourth Amendment has been the subject of legal debate and court rulings. In the early 20th century, law enforcement agencies began to use wiretapping without obtaining warrants, which was controversial as it infringed on privacy rights. The Supreme Court first addressed this issue in 1928 in the case of Olmstead v. United States, where Justice Louis Brandeis dissented, arguing for a constitutional right to privacy and warning about the potential intrusion of technology.
In 1967, the Supreme Court embraced Brandeis' opinion in the Katz v. United States case, which overturned the Olmstead decision. The Court concluded that wiretaps and other types of electronic surveillance were unconstitutional without warrants because they violate the Fourth Amendment's protection against unreasonable searches and seizures. This decision affirmed that the Fourth Amendment protects people, not just physical areas, from unreasonable searches.
Despite this, the legality of wiretapping programs, such as the NSA's warrantless wiretapping program following the September 11 terrorist attacks, remains controversial. Legal scholars debate whether such programs violate the Fourth Amendment, with some arguing for the President's authority to protect national security and others asserting the program infringes on privacy rights guaranteed by the amendment.
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Surveillance
The Fourth Amendment to the United States Constitution, ratified in 1791, 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, 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 was introduced in response to Anti-Federalist objections to the new Constitution and the English Crown's use of its power to search and seize people and property. It reflects the Framers' intent to avoid the unjust searches and seizures they experienced under English rule. The Virginia Declaration of Rights (1776) and the Massachusetts Declaration of Rights (1780) also influenced the Fourth Amendment, explicitly forbidding the use of general warrants.
The Fourth Amendment is central to criminal law and privacy law. It is the basis for laws regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance. The amendment deals with three main issues: what constitutes a "search" and "seizure", what constitutes probable cause, and how to address violations of Fourth Amendment rights.
The Supreme Court has ruled on several landmark cases that have interpreted the Fourth Amendment, including Katz v. United States (1967), which held that the amendment's protections extend to intrusions on the privacy of individuals, and Carpenter v. United States (2018), which found that individuals have a reasonable expectation of privacy regarding cell phone records.
Electronic surveillance is considered a search under the Fourth Amendment, and as technology advances, the government's ability to search and surveil people has expanded, raising questions about what constitutes a "search" under the amendment.
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Frequently asked questions
The Fourth Amendment of the U.S. Constitution protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
The Fourth Amendment enforces the notion that "each man's home is his castle", secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance.
A search under the Fourth Amendment occurs when a governmental employee or agent of the government violates an individual's reasonable expectation of privacy. This includes strip searches, visual body cavity searches, and electronic surveillance.
A seizure of a person occurs when the police conduct would communicate to a reasonable person that they are not free to ignore the police presence and leave. Two elements must be present to constitute a seizure: a show of authority by the police officer and the person being seized must submit to that authority.
