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The 4th Amendment Protects
On December 31, 2011, President Barak Husain Obama signed into law the National Defense Authorization Act (NDAA). The NDAA is an extension of the Patriot Act, which invalidates the 4th amendment, allowing federal authorities to obtain and detain American citizens under the suspicion of terrorism without a trial or right to an attorney.
In Padilla v. Rumsfeld, the Supreme Court rules that the U.S. Government doesn't have the constitutional right to detain suspected terrorists or enemies of the state.
On October 26, 2001, President George W. Bush signed into law the "Patriot Act". This law permits the federal government to monitor all communications of an individual, suspected of being associated with government defined terroristic actions, by electronic means and to compile information from online records such as purchases or online organization membership.
In 1914, a pivotal case for the 4th Amendment, Weeks v. United States, established any evidence found during an illegal search is inadmissible in a court of law.
In Ciraolo v. California, the Supreme Court ruled that evidence found during aerial surveillance to be legal and admissible in a court of law; there is no reasonable expectation of privacy when property is knowingly exposed to a naked eye from an aerial view.
In United States v. Leon, the Supreme Court recognizes an exception to the Exclusionary Rule; evidence found under a warrant granted in "good faith" is admissible in court even if the warrant is discovered to be invalid.
In Engblom v. Carey, a US court of appeals ruled that even though housing may be owned by another entity, in this case guards of a prison lived in houses owned by the prison, those that occupy those homes have a reasonable right to privacy.
So in 1751, the Writs of Assistance made their appearance.
In Terry v. Ohio, the Supreme Court found that there is an exception to the general rule of privacy allowing police to pat down the outside of clothes and search the surrounding area when there is a reasonable suspicion of illegal activity.
In Katz v. United States, the Supreme Court ruled that police cannot wire tap a phone line without a warrant and that a person has a reasonable expectation of privacy.
The earlier search warrants were ineffective against the colonists who smuggled or possessed contraband.
In Griswold v. Connecticut, the Supreme Court ruled in favor of a married couple, that were attempting to purchase contraceptives, stating that the framers of the constitution intended on personal privacy while citing other amendments as proof.
In Mapp v. Ohio, the Supreme Court rules the Exclusionary Rule, evidence discovered without a warrant is inadmissible in a court of law, must be applied to the state and local governments.
In Wolf v. Colorado, the Supreme Court finds that state and local law enforcement are subject to the 4th Amendment as well as federal government officials.
Weeks v. United States established any evidence found during an illegal search is inadmissible in a court of law.
From the Navigation Acts, Sugar Act, and other acts all the way to the Townshend Acts, the Writs of Assistance were used to enforce such laws.
the Supreme Court will hear and interpret new laws imposed by our legislators and hold these laws to the test of the 4th Amendment.
Just as the Supreme Court interpreted the 4th Amendment in the cases that imposed limitations or gave leeway to state and local government officials,
The "Writs of Assistance" were granted to British officials or officers by the King and/or Parliament.
The Bill of Rights were Ratified
The Fourth Amendment was a response to the British general warrants, known as Writs of Assistance.
Since the Passage of the 4th Amendment in 1791, there have been many court cases that reference this amendment.
British officials were granted these writs on mere suspicion of avoidance of taxes by trading goods "off the books",trading with enemies of Britain, or possessing contraband.
George Mason, another person influential to the creation of the 4th Amendment, wrote in the Virginia Declaration of Rights that general search warrants were “grievous and oppressive and ought not to be granted.”
In an argument against the Writs of Assistance he stated: "One of the most essential branches of English liberty is the freedom of one's house. A man's house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle."
The constitionality of which was questioned by many. But it was James Otis,a lawyer, who fervently opposed the Writs of Assistance, and fought the legalities of the Writs.
But it was James Otis's arguments against the Writs of Assistance, and the court cases he brought against the Writs, that paved the way for arguments used for the fight for independence, as well as, for the 4th Amendment.
Even though the constitution states that the federal government cannot make such laws that aren't expressly listed in the Constitution.
The Bill of Rights added another layer of security to individuals' liberties.
10 of the 12 were ratified on December 15, 1791, known as The "Bill of Rights"
The Writs of Assistance gave British law enforcement permission by the crown to search any home or business for any reason.
Because many believed that the new government would overtake the states and so they called for assurances,
Bibliography
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"Eternal Vigilance is the Price of Liberty." Wiki.monticello.org. TH: Jefferson Encyclopedia. n.d. Web. 03 Dec. 2012
"The Fourth Amendment (1971)." Billofrightsinstitute.org. Bills of Rights Institute. n.d. Web. 03 Dec. 2012.
Head, Tom. "The Fourth Amendment." About.com Civil Liberties. About.com. n.d. Web. 03 Dec. 2012.
Head, Tom. "Top 10 Civil Liberties Violations That Helped Cause the American Revolution" About.com Civil Liberties. About.com. n.d. Web. 03 Dec. 2012.
"James Otis: Against Writs of Assistance." Nhinet.gov.
National Humanities Institute. 1998. Web. 03 Dec. 2012.
Kain, Erik. "President Obama Signed the National Defense Authorization Act - Now What?" Forbes.com. Forbes. n.d. Web. 03 Dec. 2012
Lu, Alton. "The National Defense Authorization Act: Our Disappearing Rights and Liberties." The Blog Huffingtonpost.com. Huffington Post. 13 Jan. 2012. Web. 03 Dec. 2012.
"The NDAA Repeals More Rights." Paul.house.gov. Paul.house.gov. n.d. Web. 03 Dec. 2012
"Third & Fourth Amendments TIMELINE." Annenbergclassroom.org. n.d. Web. 03 Dec. 2012.
"The Virginia Declaration of Rights." The Charters of Freedom. Archives.gov. n.d. Web. 03 Dec. 2012
Zinn, Howard. "A People's History of the United States."
New York: The New Press, 2003. Print.
The Fourth Amendment was one of 12 proposed in 1789;
Against unreasonable searches and seizures,
And shall not be violated,
And no warrants shall issue,
By Louis
Miller
Just as Thomas Jefferson said "The price of liberty is eternal vigilance."
This applies today more than ever.
As Justice Joseph P. Bradley stated
"[Constitutional guarantees in the 4th amendment] apply to all invasions on the part of government and its employees of the sanctity of a man's home and the privacies of life. It is not the breaking of his doors, and the rummaging in his drawers, that constitutes the essence of the offense; but it is the invasion of his indefeasible right of personal security, personal liberty and private property."
The Patriot Act and the NDAA are examples of what can happen if we become complacent and say "It couldn't happen in America."
We cannot give up the fight for our liberties that are supposed to be protected by the Constitution and the Bill of rights.
Even though the 4th Amendment was intended to secure our persons, home, papers, and effects, the Patriot Act and the NDAA give the federal and state governments the right to violate this amendment.
the persons or things to be seized."
But upon probable cause,
Supported by oath or affirmation,
And particularly describing the place to be searched and
"The Right of People to be secure in their persons,