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Amendment IV (Fourth Amendment) of US Constitution, which is part of the Bill of Rights, guards against unreasonable searches and seizures. It was a response to the controversial writs of assistance (a type of general search warrant) which were a significant factor behind the American Revolution.
Reads as follows:
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 can be broken down into 2 distinct parts. The first part provides protection against unreasonable searches and seizures, although historically there have been myriad ways in which unreasonable searches were remedied. Modern jurisprudence has afforded the police officers an incentive to respect the amendment.
The second part of the amendment provides for the proper issue of warrants. When warrants are issued, there must be probable cause. Probable cause is tested using the "totality of circumstances" test as defined in Illinois v. Gates, 462 U.S. 213 (1983).
Another way to bifurcate the amendment is to see that one part deals with physical arrests and force by the state (police) and the other part deals with searching and seizing the person's effects: home and personal property.
The language of the provision which became the Fourth Amendment underwent some modest changes on its passage through the Congress, and it is possible that the changes reflected more than a modest significance in the interpretation of the relationship of the two clauses. Madison's introduced version provided ''The rights to be secured in their persons, their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized.'' 8 As reported from committee, with an inadvertent omission corrected on the floor, 9 the section was almost identical to the introduced version, and the House defeated a motion to substitute ''and no warrant shall issue'' for ''by warrants issuing'' in the committee draft. In some fashion, the rejected amendment was inserted in the language before passage by the House and is the language of the ratified constitutional provision.
It has been theorized that the author of the defeated revision, who was chairman of the committee appointed to arrange the amendments prior to House passage, simply inserted his provision and that it passed unnoticed. N. Lasson, The History and Development of the Fourth Amendment to the United States Constitution 101-03 (1937).
2006-09-05 13:25:51
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answer #1
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answered by shepardj2005 5
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I am born and raised in the same county in Virginia that Thomas Jefferson, 3rd President, was born and raised. The Articles of Confederation were hopelessly inadequate and so a Constituional Convention was called in the summer of 1787 in Philedelphia, PA to draft a new constitution for the USA. Thomas Jefferson's best friend, James Madison, essentially wrote the constitution, with the very great help from Benjamin Franklin. (Benjamin Franklin adamantly insisted on having a Senate, for instance). Thomas Jefferson was away as ambassador to France at the time. The Constitution so drafted was sent to the several states for ratification. When Thomas Jefferson returned from France and read it, he was almost livid. "How can you write such a document without including a bill of rights?" he asked. He recommended to the Virginia legislature that it be VOTED DOWN. James Madison convinced him that the Constitution really had a lot of merit. They forged a compromise as follows: If Thomas Jefferson would support ratification of the Constitution, all parties pledged that the very first business of the new congress would be to draft a bill of rights. With Thomas Jefferson's hessitant support, the US Constitution was ratified, and the "Bill of Rights" was immediately drafted by the first congress, in the form of the first 10 amendments, which were then sent to the several states as one big glop to be ratified, which of course they were. So that is how the 4th Amendment, as well as Amendments 1-10 came to be. And I am proud of Thomas Jefferson for this great accomplishment.
2006-09-05 14:58:50
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answer #2
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answered by Sciencenut 7
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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.
2006-09-05 13:21:04
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answer #3
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answered by searcher 3
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The 4th amendment is still in force.
2006-09-05 13:19:23
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answer #4
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answered by Anonymous
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it is a considerable exchange because of the fact it does enable the police to seek a guy or woman or their assets for no reason. in the event that they had an excellent reason then they'd bypass to a decide and verify out and get a seek warrant.
2016-12-12 03:17:46
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answer #5
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answered by ? 4
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free from unreasonable search and seizure, to be secure from warrantless searches, to be secure in one's own home. Basically provided protection from a police state, and constantly eroded/trampled on by "the man"
2006-09-05 13:20:58
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answer #6
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answered by work_thenplay 3
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You can find all the information you need at the link below:
2006-09-05 13:22:56
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answer #7
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answered by bunstihl 6
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i have never heard that any amendments have changed or stopped....i am not aware of any change at all....
2006-09-05 13:22:12
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answer #8
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answered by sanangel 6
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i forgot look in theback of you history text book
2006-09-05 13:21:15
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answer #9
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answered by Anonymous
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