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What's The Point Of The Fourth Amendment?

By Brittany Antonacci June 12, 2020 0 comments

Hello Fellow Americans,

Today we’ll be continuing our in-depth series at a look into the constitution—primarily covering the Fourth Amendment. We’ll be giving a little background history as well as the purpose it holds today.

So, without further ado, let’s get started…

The Fourth Amendment states…

"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."

This amendment was primarily brought to action because of the British tax collectors invading people’s personal space and homes prior to the Revolutionary War.

This basically provides…

The Need For An Official Warrant

In order for someone or their property to be searched the police must have a warrant written by a judge. This warrant can only be obtained with evidence of criminal activity on account of the perpetrator. Which basically protects citizens from being searched/ arrested without culpable evidence passed through a court.

 

Exception With Probable Cause

This basically claims in order for a police officer to perform an arrest they must have enough evidence that a crime had been actually committed.

 

Other Exceptions

 

However, this rule does not apply in places like an airport or any mass transportation system where you inadvertently give your right to get searched without proper documentation.

 

So, let us know if you have any additional questions on this amendment and we’ll be happy to answer them in the comments.

 

See You Later Patriot!!!

 

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