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The Fourth Amendment was created in response to the British policies allowing raiding of people’s houses and personal belongings without cause. The English government would issue “writs of assistance” essentially allowing British officers to barge into people’s homes and seize their belongings. The Framers, specifically James Madison, knew this was a direct violation of privacy and basic rights. With this in mind, Madison wrote the fourth amendment, as they did not want the Constitution to subject future Americans to unreasonable, lawless searches. The fourth amendment ensures the privacy and safety of American citizens. Personal items and property are protected by this amendment, as it prevents the police from searches and seizures of personal property without a justifiable reason.
The wording of the fourth amendment provides for it to be interpreted in a few different ways. Supreme Court Justices do not always agree on how the amendment should be enforced and even if the amendment should be followed in the first place. On one hand, some Justices stick to the wording of the amendments and argue that warrants are absolutely necessary, and if they are not obtained, the search would be illegitimate. However, some Justices, claiming that a warrant is not needed, as long as the search is reasonable and “upon probable cause.” Legal scholar Barry Friedman thinks that the amendment is essential to everyday protection. He argues that our data is constantly being analyzed, like internet cookies, and that the fourth amendment is protecting the people’s security and keeping the government out of our lives and property without a justifiable reason.
He also proposes guidelines for searches and seizures. First, he argues that no one from the executive branch can step into people’s lives without permission from another branch of government because no search is “reasonable” if the legislative or judicial cannot also agree on it. Second, warrants are favored as they are crucial for protecting public safety. Lastly, searches should be differentiated between society and suspects. Though it is a bit of a stretch, the fourth amendment is an amendment that gives power to the people, not an uncommon theme in the French Revolution. The third estate in France fought for equal taxes and power, and the fourth amendment protects the American people from an overstepping government. So while both are different, they do share the same theme of giving power to the people and keeping their respective governments in check. I am a believer in warrants and the fourth amendment as a whole. As the world and technology becomes more and more invasive, sometimes I really worry about the security of my data. The fourth amendment is in our constitution to protect us, and our property’s safety. As for warrants, they allow the policing force to perform searches and seizures in a significantly less invasive way. And, when they do perform searches/ seizures without a warrant, legally it has to be because they have a genuine reason.