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i can't find this answer anywhere if someone could help me with the year that search and seizure became illegal i would appriciate it thanks.

2007-11-26 00:27:19 · 3 answers · asked by nikib42481 1 in Politics & Government Law & Ethics

3 answers

This is a complex question. The 4th Amendment provides protection against illegal search and seizure and was written into the Bill of Rights. The Bill of Rights was on December 15, 1791.

That doesn't end the answer however. The Bill of Rights was not applied to the states until the "Incorporation Doctrine" gained acceptance in the 1950's and 1960's. The landmark case of Mapp vs. Ohio 367 US 643 (1961) first applied the 4th amendment to the actions of state actors. So you could easily say that the 4th Amendment first became applicable to state actors in 1961.

Ahh but the debate does not stop there. The Supreme Court in Mapp ruled that the 4th Amendment applied to the states because of the 14th Amendment. So didn't the prohibition against unreasonable searches and seizures really apply to the states upon ratification of the 14th Amendment?

You really should read Mapp vs. Ohio if you are interested in this topic:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=367&invol=643

2007-11-26 00:35:44 · answer #1 · answered by Anonymous · 2 0

4th Amendment US Constitution 1791

Amendment IV

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.

2007-11-26 08:31:41 · answer #2 · answered by Anonymous · 1 0

1789 when the Constitution was ratified.. Look at the 4th amendment.

2007-11-26 08:32:07 · answer #3 · answered by booman17 7 · 0 2

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