Focus Questions: 1.What issues prompted the creation of the Fourth amendment?
2.What impact did the Fourth amendment have on society?
Research Questions:
1. What was going on during the time period that the Fourth amendment was created?
Answer: During the time period the Fourth amendment was created, America was in the process of drafting the Constitution. Before this, British agents were going into peoples homes with out a reasonable cause or notice. They would take property, search homes, and arrest citizens. When the Constitution was in it's developmental stages, they felt the 4th amendment was crucial.
2. What is the main right the Fourth amendment gives us?
Answer: The main right in which the F ourth amendment provides us with is that an individuals property can not be searched unless a warrant is provided. In addition this amendment, it also protects people from having their property confiscated and used against them.
3. Did this amendment have a positive effect on society?
Answer: Yes, this amendment had positive effect on society because it allowed people to be searched fairly and know why and when they are being searched. It is also had a favorable effect on society because it allow people not be searched unless a warrant was present. In conjunction with this amendment, residents can not be arrested in their homes without cause or warrant.
4. Since officials had to supply warrants in order to search homes, were people less likely to get caught?
Answer: No, the general public was not likely to get caught. In early colonial life the authorities were able to barge into anyone's home, at any given time, without cause. Today, a warrant is mandatory in order to search an individuals property. Warrants are a necessity today. But this does not change the likelihood of people getting arrested for illegal activities. Either way officials may not find the evidence that is crtitcal to support the accusation.
5. What types of people were allowed to search homes?
Answer: The types of individuals that were allowed to such homes are police officers, state officials, agents, and most form of authority. They are also able to obtain warrants from judges to do so.
6.What do warrants need to say in order to be valid?
Answer: For a warrant to be valid they need to have a judge's signature. They also need to have a clear or definative reason for why the person is being searched.
7. Can a person deny being searched if they feel the reason they are being searched unfair or unimportant?
Answer: No, citizens are not able to deny being searched if a warrant is present or if there is reasonable doubt. A guilty person will always have something to hide where as an innocent person has nothing to conceal. Therefore searches can not be denied because the authorities will never really know, if the person is guilty of a crime or not.
8. What states ratified the amendment?
Answer: The states that ratified this amendment were New jersey, Maryland, South Carolina, North Carolina, and New Hampshire. Later New York, Pennsylvania, Rhode Island, Virginia, and Vermont. On March 1st, 1792 the 4th amendment was officially made an amendment because it had been ratified by over 10 states.
9. If you have a warrant are there any limits to what you can search?
Answer: Yes, they are limitations as to what can be searched according to how the warrant is written. For example, if the police are instructed to only search specified areas of the property. They are not allowed beyond those points unless, they encounter evidence that supports the cause. That would be considered an illegal search and seizure. For instance, if they were looking stolen money from a bank robbery and the police saw weapons left out they are allowed take those weapons to ensure there cause and safety, so in this case they would be able to searched the entire premises.
10. Did this amendment havea negative effect society?
Answer: No, this amendment does not have a negative effect on society. In fact, it had a favorable effect on society because it ensures people and their possessions the right to privacy. What is amendment 4 exactly? The Fourth Amendmentgives us the right to not be searched, arrested, or seizure without a warrant by agents, officials, or any form of authority. Answers to focus questions 1:
The issues that prompted the creation of the Fourth amendment was that, the British were going into peoples homes without reason or cause. During colonial times, the British King viewed colonists as financial investments. Because of this, Britain passed a number of bills. So, Britain could gain as much money from the colonists as possible. Evidently, the colonists objected to this act and began conveying operations to circumvent traditional taxes, inflicted by the British crown. In return, the king using "writs of assistance", which were legal search warrants that were broad and general, not giving much information. British agents could procure a writ of assistance to search any property that they believed could obtain contraband goods. They would actually enter someone's property without notice or reason. The agents would interrogate about use of custom goods and force the cooperation of anyone. These types of searches became shocking amongst the colonists. These action of the British Crown would be contributing factors toward the American Revolution and formation of our Constitution. In conclusion the fourth amendment needed to be created so people were not searched in an unfair manner. (A.W.) Answers to focus questions 2: The impact that the forth amendment has on society is that it prevents police officers from going into your home and checking for evidence. Back then police officers could just go into your home with no warrant or reason. Now you have to have a search warrant with you in order to go into a persons house. The right of the people should be secure in there persons, houses, papers and effects. It protects against people, cops and arrest. TheFourth Amendment to be applicable to a particular set of facts, there must be a ''search'' and a ''seizure,'' occurring typically in a criminal case, with a subsequent attempt to use judicially what was seized. There must be a "search" and "seizure" in order to check a house. The warrant must be signed by specific people in order for it to be an official warrant. In conclusion the fourth amendment impacted society so people and police or anyone to search your house for evidence without a warrant. (R.O.)
Paragraph 1 Surveillance kind of breaks the the 4th amendment. U.S. citizens feel as though they are being spied on 24/7. This is is scary for some citizens because they feel like they are no matter where they are they are being watched. Like if they are eating or sleeping they feel a little weird because they are Current event: Paragraph 1
Surveillance kind of breaks the the 4th amendment. U.S. citizens feel as though they are being spied on 24/7. This is is scary for some citizens because they feel like they are no matter where they are they are being watched. Like if they are eating or sleeping they feel a little weird because they are waking up and looking around to see if there is anything around.They act in such a manner because NSA revealed how the U.S. government is conducting mass surveillance on its own citizens. Mass surveillance programs are when it comes to stopping terrorism and that is all it is and should be used for. But it is still wrong that they are doing this in the first place even though there are good reasons for these things. But it isn't good that innocent citizens feel weird about doing all things and feeling like they are being watched. Paragraph 2
The 4th amendment is still relevant today for many reasons. Still some things and people break the law of the 4th amendment. Just like surveillance so the government can see what we are doing 24/7. It is creepy to find out that all your life and everything you do in life the government can be watching right over you. Also if there is a a suspect of drug dealing and or keeping illegal drugs and your not 100% sure it is them, the police of government can't just barge in unexpected without a warrant. If someone does that, 1 its illegal and 2 they would be in big trouble. The government can look into your accounts because they know everybody's password, so you have every right to be scared because it is weird to know that people are reading your texts and e-mails. But if it weren't for this amendment, the police would just walk right into someones house if they were suspicious for anything. This is how the 4th amendment is still relevant today. **__http://sidneydailynews.com/opinion/columns/24685/surveillance-breaks-fourth-amendment__**
Paragraph 1
Protection of the 4th amendment in the digital age is very important. I would believe (being a kid) that kids and parents need there privacy. A lot more than half the people that they are looking at aren't threats to the world. Many complicated nuances involved in reforming this law in order to protect Americans’ privacy and public safety in the digital age. I think it is kind of unfair how people are being watched for only some good reasons. People need their privacy so they can do things that they like without the government knowing what they are doing (unless it is a bombing session). Not so long ago, by a vote of 419-0, the House of Representatives passed the Email Privacy Act to update the procedures governing government access to stored emails. That means they can read old and stored emails when we don't even know about it. This is what is important in protecting the 4th amendment for the digital age. Paragraph 2
The 4th amendment is still relevant today for a lot of reasons. We need to keep it because it is the only thing helping us have a little bit of privacy. Especially in the digital age where almost every person 12 and up have a phone. The government shouldn't be able to see most of the things people do with their lives. Most of the things people do on there phone is private. So they really shouldn't be looking through everybody's things without permission with a warrant. If they don't have a warrant, isn't that breaking the 4th amendment? This is the reason why the government nor the the police should look through your things without a warrant. This is why the 4th amendment is still relevant in life today. http://www.dailyprogress.com/newsvirginian/opinion/guest_columnists/protecting-the-fourth-amendment-in-the-digital-age/article_71749bb6-126e-11e6-94cd-df8dae5ca1ba.html
Current events: By Ariana Wahab This article discusses the battle between the government and Apple and, the privacy and secrecy rights about having your phones searched. This dispute over privacy has strengthened since the battle between Apple and the Justice Department emerged over the unlocking of the iphone of one of the San Bernardino shooters. This conflict ended in March when the government found a way to hack into the device. The main question is was it right for the government to ask the court to forbid a company from revealing that it is seeking customer information, and the issues of privacy and confidentiality will force congress to deal with the digital world of information. The challenge will be striking the right balance between the government’s need to obtain information for law enforcement is a significant priority these days with the desire to keep some personal information private, a growing concern as more sensitive data is stored online. One problem in the battle over privacy and secrecy has been the government’s power to obtain email and other electronic communications. The fourth amendment prohibits unreasonable searches of homes and papers, but the courts have been reluctant to extend that protection to off-site storage of electronic information, something far removed from the 18th century Bill of Rights. It is worth taking a moment to consider how administrative agencies should fit into expanded privacy protections, and how much secrecy should be afforded when the government seeks that information.
The 4th amendment is still relevant in today’s world. This amendment was made because in the American Revolution British soldiers unfairly began searching people houses. The 4th amendment provides people with the right that officials cannot search people’s things without a warrant and unreasonable searches and seizures are not allowed. In today’s world, this amendment can now apply to technology and online privacy. For example, in the conflict between Apple and the government, Apple would not allow theJustice Department to unlock the device for privacy issues. This conflict created issues about whether the government had the right to do this because of the 4th amendment. This is so because the government did not have a warrant to do so. All in all, this amendment is still relevant today. http://www.nytimes.com/2016/05/17/business/dealbook/the-fight-over-privacy-and-secrecy-in-government-investigations.html?_r=0
States are making people abandon their Fourth Amendment rights if they want to enjoy the privilege of driving. Birchfield vs. North Dakota involves challenges to Minnesota and North Dakota decrees that make it a crime for drivers to refuse warrantless chemical tests of their blood, breath, or urine to detect the presence of alcohol. The Supreme Court has long held that the Fourth Amendment usually requires police to obtain a warrant before being involved in a search. In this case however, the North Dakota Supreme Court held that because driving is a privilege and not a right and because North Dakota law requires that police inform drivers that the will be criminally punished if they have refused to be tested, even though no warrant was presented. There is no argument that the chemical tests required by the states aren’t searches – they are invasions upon one’s personal space conducted for the purpose of gathering evidence for a crime. If no exceptions to the warrant apply, criminally punishing people for refusing violates the Fourth Amendment. The government cannot punish people for asserting their constitutional rights. Even though driving is a privilege the 4th amendment is a right.
The Fourth Amendment
Focus Questions:
1.What issues prompted the creation of the Fourth amendment?
2.What impact did the Fourth amendment have on society?
Research Questions:
1. What was going on during the time period that the Fourth amendment was created?
Answer: During the time period the Fourth amendment was created, America was in the process of drafting the Constitution. Before this, British agents were going into peoples homes with out a reasonable cause or notice. They would take property, search homes, and arrest citizens. When the Constitution was in it's developmental stages, they felt the 4th amendment was crucial.2. What is the main right the Fourth amendment gives us?
Answer: The main right in which the F ourth amendment provides us with is that an individuals property can not be searched unless a warrant is provided. In addition this amendment, it also protects people from having their property confiscated and used against them.
3. Did this amendment have a positive effect on society?
Answer: Yes, this amendment had positive effect on society because it allowed people to be searched fairly and know why and when they are being searched. It is also had a favorable effect on society because it allow people not be searched unless a warrant was present. In conjunction with this amendment, residents can not be arrested in their homes without cause or warrant.
4. Since officials had to supply warrants in order to search homes, were people less likely to get caught?
Answer: No, the general public was not likely to get caught. In early colonial life the authorities were able to barge into anyone's home, at any given time, without cause. Today, a warrant is mandatory in order to search an individuals property. Warrants are a necessity today. But this does not change the likelihood of people getting arrested for illegal activities. Either way officials may not find the evidence that is crtitcal to support the accusation.
5. What types of people were allowed to search homes?
Answer: The types of individuals that were allowed to such homes are police officers, state officials, agents, and most form of authority. They are also able to obtain warrants from judges to do so.
6.What do warrants need to say in order to be valid?
Answer: For a warrant to be valid they need to have a judge's signature. They also need to have a clear or definative reason for why the person is being searched.
7. Can a person deny being searched if they feel the reason they are being searched unfair or unimportant?
Answer: No, citizens are not able to deny being searched if a warrant is present or if there is reasonable doubt. A guilty person will always have something to hide where as an innocent person has nothing to conceal. Therefore searches can not be denied because the authorities will never really know, if the person is guilty of a crime or not.
8. What states ratified the amendment?
Answer: The states that ratified this amendment were New jersey, Maryland, South Carolina, North Carolina, and New Hampshire. Later New York, Pennsylvania, Rhode Island, Virginia, and Vermont. On March 1st, 1792 the 4th amendment was officially made an amendment because it had been ratified by over 10 states.
9. If you have a warrant are there any limits to what you can search?
Answer: Yes, they are limitations as to what can be searched according to how the warrant is written. For example, if the police are instructed to only search specified areas of the property. They are not allowed beyond those points unless, they encounter evidence that supports the cause. That would be considered an illegal search and seizure. For instance, if they were looking stolen money from a bank robbery and the police saw weapons left out they are allowed take those weapons to ensure there cause and safety, so in this case they would be able to searched the entire premises.
10. Did this amendment have a negative effect society?
Answer: No, this amendment does not have a negative effect on society. In fact, it had a favorable effect on society because it ensures people and their possessions the right to privacy.
What is amendment 4 exactly?
The Fourth Amendment gives us the right to not be searched, arrested, or seizure without a warrant by agents, officials, or any form of authority.
Answers to focus questions 1:
The issues that prompted the creation of the Fourth amendment was that, the British were going into peoples homes without reason or cause. During colonial times, the British King viewed colonists as financial investments. Because of this, Britain passed a number of bills. So, Britain could gain as much money from the colonists as possible. Evidently, the colonists objected to this act and began conveying operations to circumvent traditional taxes, inflicted by the British crown. In return, the king using "writs of assistance", which were legal search warrants that were broad and general, not giving much information. British agents could procure a writ of assistance to search any property that they believed could obtain contraband goods. They would actually enter someone's property without notice or reason. The agents would interrogate about use of custom goods and force the cooperation of anyone. These types of searches became shocking amongst the colonists. These action of the British Crown would be contributing factors toward the American Revolution and formation of our Constitution. In conclusion the fourth amendment needed to be created so people were not searched in an unfair manner. (A.W.)
Answers to focus questions 2:
The impact that the forth amendment has on society is that it prevents police officers from going into your home and checking for evidence. Back then police officers could just go into your home with no warrant or reason. Now you have to have a search warrant with you in order to go into a persons house. The right of the people should be secure in there persons, houses, papers and effects. It protects
against people, cops and arrest. The Fourth Amendment to be applicable to a particular set of facts, there must be a ''search'' and a ''seizure,'' occurring typically in a criminal case, with a subsequent attempt to use judicially what was seized. There must be a "search" and "seizure" in order to check a house. The warrant must be signed by specific people in order for it to be an official warrant. In conclusion the fourth amendment impacted society so people and police or anyone to search your house for evidence without a warrant. (R.O.)
Paragraph 1
Surveillance kind of breaks the the 4th amendment. U.S. citizens feel as though they are being spied on 24/7. This is is scary for some citizens because they feel like they are no matter where they are they are being watched. Like if they are eating or sleeping they feel a little weird because they are
Current event:
Paragraph 1
Surveillance kind of breaks the the 4th amendment. U.S. citizens feel as though they are being spied on 24/7. This is is scary for some citizens because they feel like they are no matter where they are they are being watched. Like if they are eating or sleeping they feel a little weird because they are waking up and looking around to see if there is anything around.They act in such a manner because NSA revealed how the U.S. government is conducting mass surveillance on its own citizens. Mass surveillance programs are when it comes to stopping terrorism and that is all it is and should be used for. But it is still wrong that they are doing this in the first place even though there are good reasons for these things. But it isn't good that innocent citizens feel weird about doing all things and feeling like they are being watched.
Paragraph 2
The 4th amendment is still relevant today for many reasons. Still some things and people break the law of the 4th amendment. Just like surveillance so the government can see what we are doing 24/7. It is creepy to find out that all your life and everything you do in life the government can be watching right over you. Also if there is a a suspect of drug dealing and or keeping illegal drugs and your not 100% sure it is them, the police of government can't just barge in unexpected without a warrant. If someone does that, 1 its illegal and 2 they would be in big trouble. The government can look into your accounts because they know everybody's password, so you have every right to be scared because it is weird to know that people are reading your texts and e-mails. But if it weren't for this amendment, the police would just walk right into someones house if they were suspicious for anything. This is how the 4th amendment is still relevant today.
**__http://sidneydailynews.com/opinion/columns/24685/surveillance-breaks-fourth-amendment__**
Paragraph 1
Protection of the 4th amendment in the digital age is very important. I would believe (being a kid) that kids and parents need there privacy. A lot more than half the people that they are looking at aren't threats to the world. Many complicated nuances involved in reforming this law in order to protect Americans’ privacy and public safety in the digital age. I think it is kind of unfair how people are being watched for only some good reasons. People need their privacy so they can do things that they like without the government knowing what they are doing (unless it is a bombing session). Not so long ago, by a vote of 419-0, the House of Representatives passed the Email Privacy Act to update the procedures governing government access to stored emails. That means they can read old and stored emails when we don't even know about it. This is what is important in protecting the 4th amendment for the digital age.
Paragraph 2
The 4th amendment is still relevant today for a lot of reasons. We need to keep it because it is the only thing helping us have a little bit of privacy. Especially in the digital age where almost every person 12 and up have a phone. The government shouldn't be able to see most of the things people do with their lives. Most of the things people do on there phone is private. So they really shouldn't be looking through everybody's things without permission with a warrant. If they don't have a warrant, isn't that breaking the 4th amendment? This is the reason why the government nor the the police should look through your things without a warrant. This is why the 4th amendment is still relevant in life today.
http://www.dailyprogress.com/newsvirginian/opinion/guest_columnists/protecting-the-fourth-amendment-in-the-digital-age/article_71749bb6-126e-11e6-94cd-df8dae5ca1ba.html
Current events: By Ariana Wahab
This article discusses the battle between the government and Apple and, the privacy and secrecy rights about having your phones searched. This dispute over privacy has strengthened since the battle between Apple and the Justice Department emerged over the unlocking of the iphone of one of the San Bernardino shooters. This conflict ended in March when the government found a way to hack into the device. The main question is was it right for the government to ask the court to forbid a company from revealing that it is seeking customer information, and the issues of privacy and confidentiality will force congress to deal with the digital world of information. The challenge will be striking the right balance between the government’s need to obtain information for law enforcement is a significant priority these days with the desire to keep some personal information private, a growing concern as more sensitive data is stored online. One problem in the battle over privacy and secrecy has been the government’s power to obtain email and other electronic communications. The fourth amendment prohibits unreasonable searches of homes and papers, but the courts have been reluctant to extend that protection to off-site storage of electronic information, something far removed from the 18th century Bill of Rights. It is worth taking a moment to consider how administrative agencies should fit into expanded privacy protections, and how much secrecy should be afforded when the government seeks that information.
The 4th amendment is still relevant in today’s world. This amendment was made because in the American Revolution British soldiers unfairly began searching people houses. The 4th amendment provides people with the right that officials cannot search people’s things without a warrant and unreasonable searches and seizures are not allowed. In today’s world, this amendment can now apply to technology and online privacy. For example, in the conflict between Apple and the government, Apple would not allow theJustice Department to unlock the device for privacy issues. This conflict created issues about whether the government had the right to do this because of the 4th amendment. This is so because the government did not have a warrant to do so. All in all, this amendment is still relevant today.
http://www.nytimes.com/2016/05/17/business/dealbook/the-fight-over-privacy-and-secrecy-in-government-investigations.html?_r=0
States are making people abandon their Fourth Amendment rights if they want to enjoy the privilege of driving. Birchfield vs. North Dakota involves challenges to Minnesota and North Dakota decrees that make it a crime for drivers to refuse warrantless chemical tests of their blood, breath, or urine to detect the presence of alcohol. The Supreme Court has long held that the Fourth Amendment usually requires police to obtain a warrant before being involved in a search. In this case however, the North Dakota Supreme Court held that because driving is a privilege and not a right and because North Dakota law requires that police inform drivers that the will be criminally punished if they have refused to be tested, even though no warrant was presented. There is no argument that the chemical tests required by the states aren’t searches – they are invasions upon one’s personal space conducted for the purpose of gathering evidence for a crime. If no exceptions to the warrant apply, criminally punishing people for refusing violates the Fourth Amendment. The government cannot punish people for asserting their constitutional rights. Even though driving is a privilege the 4th amendment is a right.
The fourth amendment is still relevant today. One way it is still relevant is because of the privilege to drive. For example, if an officer thinks a person was drinking and driving they may feel they need to conduct chemical tests. The only problem is that they would need a search warrant to do so. For example, the Fourth amendment states a person cannot be unfairly searched unless a warrant has been presented. So giving a person chemical tests would technically count as being searched unreasonably. This is why it was unfair that in the case of Birchfield v. North Dakota that the people were punished caused they refused the tests. All in all this amendment is still relevant today.
http://www.huffingtonpost.com/evan-bernick/supreme-court-to-decide-w_b_9742132.html
To learn more about this amendment click here:
http://content.time.com/time/video/player/0,32068,1027506447001_2080296,00.html
http://constitution.findlaw.com/amendment4.html
http://www.swindlelaw.com/2013/03/the-history-behind-the-4th-amendment/
Citation:
http://criminal.findlaw.com/criminal-rights/search-and-seizure-and-the-fourth-amendment.html
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2624782
http://www.swindlelaw.com/2013/03/the-history-behind-the-4th-amendment/
http://constitutioncenter.org/interactive-constitution/amendments/
https://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution