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Copy of 4th amendment project

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Emilee Duong

on 11 January 2013

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Transcript of Copy of 4th amendment project

The History of the 4th Amendment By Emilee Duong
Period 2
12/28/12 The 4th Amendment Important Preceding Court Cases Current Controversies Personal Interpretation illustrations and Photopgraphs ****in order for this to work you have to click the arrows at the bottom of the screen. Famous Quotations Bibliography (allusions) "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 [be] issue[d], but upon [a] 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 is part of the Bill of Rights - which contains the first ten amendments - and states that a building or a person cannot be searched without a proper search warrant. The warrant must state what will be searched, who will be searched, and hwere the search will take place. This amendment was first identified as a right in 1604 by a judge, Sir Edward Coke, presiding over the famous Semayne's Case in England. He stated that "Every man's house is his castle". The homeowner who testified against the King's agents sued because of their improper entry into his house. This is an example of the continuous fight for privacy that has been going on since before the Constitution was written and the Bill of Rights was made. In the colonies, English authorities formed writs of assistance which were basically general warrants. It said on the document that they could enter any house or place to search and seize "prohibited and unaccustomed" goods and demanded that all subjects to do so. The writs were issued until King George II's death; afterwords, new writs were issued. James Otis lead a rebellion against these new writs and the authorities, but failed to change anything. The Fourth Amendment was then added into the Bill of Rights in 1791. -- Kate R. Ehlenberger. The Right to Search Students. [online] December 2001 http://www.ascd.org/publications/educational-leadership/dec01/vol59/num04/The-Right-to-Search-Students.aspx -- "The house of every one is to him as his castle and fortress, as well for his defense against injury and violence as for his repose." ~Sir Edward Coke -- n/a. The Fourth Amendment. [online] n/a http://www.revolutionary-war-and-beyond.com/4th-amendment.html -- The 4th Amendment and the personal rights it secures have a long history. At the very core stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion. ~Potter Stewart This quote exemplifies that every man has a right to defend their property from searches and seizures. This quotation shows that the 4th amendment has taken action before the Constitution was written in the late 1700s. Under the surface, this quote is saying that the importance of a man's privacy in the house and defense of the house is equal. Personally, I think that the Fourth Amendment is helpful in some ways and bad in others. To specify, even if a police officer has a warrant, they would still intrude their privacy as well as their personal belongings. Nevertheless, if the police find what they were searching for, then it could potentially save lives. For example, if someone just randomly goes up to the police station and says that they saw a gun inside a house and the police go and trespass into the property, then what is the point of a search warrant? A search warrant has to state what will be looked for, who will be searched for and where will they be searched at. Moreover, the policeman has to have a good reason to search that house, and telling the person who approves the warrants that a random person told you that there was a gun inside the house is not a good reason. Therefore, the Fourth Amendment helps the police in some ways, but simply intrudes the privacy of the people in others. Entick vs. Carrington This case is probably still the most famous case in England. John Entick sued Nathan Carrington, for the disturbance of privacy and unlawful entry into his house. Entick said that Carrington broke into his house and broke into locked desks and drawers and stole pamphlets and charts, causing £2000 worth of damage. The trial took place in Westminister Hall and was presided by Lord Camden, chief Justice of the Common Pleas. In the end, Entick won the case because Carrington hadn't a warrant to enter his house. -- n/a Search and Seizure. [online] n/a http://caselaw.lp.findlaw.com/data/constitution/amendment04/01.html#1 Terry vs. Ohio This case took place in Cleveland, Ohio in 1963. John Terry and Richard Chilton were pacing in front of a store front and acting in a suspicious manner. Detective Martin McFadden had been following their movements for a while and decided to stop the men and pat them down. He found a hidden pistol on both of them and arrested the two men. Terry was charged with carrying a concealed weapon. There was a theory about their belongings - guns - were seized without a probable cause, therefore violating the Fourth Amendment. However, the trial court refused to believe in the theory. Terry was then pleaded guilty. This quote states that at the end of everyday, a person should be able to retreat to his or her house without a disturbance of privacy.The government controls numerous things in America: the tax payers' money, tax rates and important decisions; however, intruding into a person's home is not one of their rights. Everyone should respect one another's privacy, and that goes for the government too. One of the current controversies about the Fourth Amendment is the question of student searches at school. That is where the Fourth Amendment comes in. The Fourth Amendment protects places and people- including students- from being searched without a warrant or a probable cause. Just as a man or woman's house needs privacy, a person also needs privacy without the intrusion of searches and seizures. In some cases, a reasonable suspicion is "used". To specify, a reasonable suspicion is "used" when the following conditions are met: 1) there are reasonable grounds that the search will reveal that the student has violated a law or the school rules, and 2) the search is related in scope to the circumstances that justified the search. After those circumstances are met, then will one have a reasonable suspicion. In some cases, such as the A.S. versus the State of Florida, do not provide a substantial amount of evidence. In that case, four students were huddled together, one had money in his had while another had his hand in his pocket. Nevertheless, other cases, such as the State of New Hampshire versus Drake, provide a sufficient amount of evidence. In this case, an anonymous call to the school authorities informed that a student would be bringing drugs to school. The administrator, with reasonable suspicion, searched the student's pockets and book bag and found what was being looked for. In conclusion, students should have as much of a right to privacy as homes and adults do. --n/a. n/a [online] n/a http://www.brainyquote.com/quotes/quotes/p/potterstew114114.html n/a "come back with a warrant" [online image] n/a http://business304.wikispaces.com/Amendment+IV Sir Edward Coke stated that "...every man's house is his own castle..." This political cartoon can be seen as ironic because the person in the picture is complaining about his own privacy when he is interrupting other people's privacy. HISTORY QUOTES PHOTOS AND POLITICAL CARTOONS Thank You! Potter Stewart, a Supreme Court Justice, said that everyone should have a right to privacy without the government intruding. The bottom line of the 4th Amendment is that the American people do not like to be searched unnecessarily. Searching students is unnecessary, since most of them are are underage and do not pose a threat to the safety of other students CURRENT CONTROVERSIES BIBLIOGRAPHY PERSONAL INTERPRETATION PROCEEDING COURT CASES This cartoon shows that behind the enforcement of the government, there is still corruption. Hi. Hey!
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