Fourth Amendment Importance
The Bill of Rights was created in 1791 and is, “in response to calls from several states for greater constitutional protection for individual liberties, the Bill of Rights lists specific prohibitions on governmental power.” (Bill of Rights Institute) The Bills of Rights were created by James Madison and there are a total of ten which he added to the constitution. The Bill of Rights is basically a list that was created to limit the government’s power over America’s citizens.
According to Cornell University Law School the fourth amendment is, “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, …show more content…
The fourth amendment is the right against unreasonable searches and seizures. It also requires a warrant and probable cause for the evidence to be seized legally unless other circumstances apply. Due to this amendment law enforcement cannot take evidence as they please, they must have a valid reason and even may require a search warrant. According to Find Law, “If a government actor conducts an illegal search (one that violates the Fourth Amendment), the government cannot present any evidence discovered during that search at trial. Known as the "exclusionary rule," this rule aims to deter police officers from conducting unreasonable searches. Opponents of the exclusionary rule, however, argue that it lets guilty criminals go free on technicalities.” There have been several cases which have been thrown out due to evidence gained illegally and guilty people have gotten to walk away free. I believe the fourth amendment is very important in the legal system and I also agree with how it has been implemented. I believe this amendment keeps law enforcement from invading other people’s privacy. A good example is, the fruit of the poisonous tree which was created to prevent the government and law enforcement from invading someone’s privacy by doing unreasonable searches which could also lead law enforcement to discover other evidence. The theory of this would be that law enforcement knowing that a certain evidence was collected illegally would get thrown out as evidence and this would hopefully deter them from conducting them
According to Cornell University Law School the fourth amendment is, “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, …show more content…
The fourth amendment is the right against unreasonable searches and seizures. It also requires a warrant and probable cause for the evidence to be seized legally unless other circumstances apply. Due to this amendment law enforcement cannot take evidence as they please, they must have a valid reason and even may require a search warrant. According to Find Law, “If a government actor conducts an illegal search (one that violates the Fourth Amendment), the government cannot present any evidence discovered during that search at trial. Known as the "exclusionary rule," this rule aims to deter police officers from conducting unreasonable searches. Opponents of the exclusionary rule, however, argue that it lets guilty criminals go free on technicalities.” There have been several cases which have been thrown out due to evidence gained illegally and guilty people have gotten to walk away free. I believe the fourth amendment is very important in the legal system and I also agree with how it has been implemented. I believe this amendment keeps law enforcement from invading other people’s privacy. A good example is, the fruit of the poisonous tree which was created to prevent the government and law enforcement from invading someone’s privacy by doing unreasonable searches which could also lead law enforcement to discover other evidence. The theory of this would be that law enforcement knowing that a certain evidence was collected illegally would get thrown out as evidence and this would hopefully deter them from conducting them