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During the period before the constitution was created and America was still a part of Great Britain the British soldiers, by decree of the king, were given the right to not only arrest anybody for being suspected of a crime, but to seize their items as well if they were suspected of being used in a crime. Before life, liberty and the pursuit of happiness John Locke said that property was one of the inalienable rights, and the seizure of a citizen’s property without cause would be breaking that right.
This also plays an important role in keeping prejudice out of law to the further extent possible. The fourth amendment states that a governmental organization may not seize your property without probable cause, which is defined as reasonable evidence that you may have committed a crime and that whatever they seize would help them prove that crime.
Even after having this proof a judge must deem it reasonable and give them a warrant. This keeps officers and governmental agencies in check, which adds to the checks and balances that are already in place in the government. Many of the modern debates come from online interactions, and if what is written or said online is sufficient evidence to receive a warrant.
There have also been debates about what is considered probable cause when it comes to cars and vehicle searches. This is because it is very hard to get a warrant on a car, so the officers are expected to find reasonable evidence before searching the car. A case that represents this is Byrd v. United States, a case in which Bryd was in a rental car that he was not the renter of. Police searched the car, claiming that they did not need consent or probable cause because he was not the owner of the car, however when taken to the supreme court they ruled unanimously in favor of Bryd.
This amendment protects citizens from unreasonable searches, which allows them further rights to their property. This amendment also makes it harder to make assumptions or act on assumptions based on characteristics of people instead of their guilt, as officers and governmental agencies need to get permission from a court before they take action.
The amendment, as it was written in 1791, cannot mention things like the technology that we have now, making it hard to make assumptions on how it would have been enacted in the modern era. There should also be a more set definition of what can be considered probable cause, as well as that information being public to citizens. Although this amendment seems as if it helps people get away with crimes, it also ensures that, as citizens, people will not be harassed without cause, especially based on race and gender.
Tags: 4th, amendment, lester, quinn, quinn-lester, the, the-4th-amendment-quinn-lester, the-fourth-amendment
2 Responses to “The 4th Amendment – Quinn Lester”
Ody Shi
I enjoyed the accompanying visuals and I agree that amendments should be updated because society is very different now than when the Constitution was ratified.
Do you think the “Stop and Frisk” ex-policy in New York City would violate this amendment and what do you think would be considered property?
Emma Zuzunaga
I found it really interesting how you talked about how the development of modern technology may impact how we perceive the Fourth Amendment. Well done!