What is The 4th Amendment?… – The Sun

BEFORE the 20th century there were few cases involving the 4th Amendment as the Bill of Rights did not initially apply to state or local governments.

That changed in 1961 after the Mapp v. Ohiodecision allowing more cases to be brought forward.

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The 4th Amendment reads, "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."

In layman's terms, it prohibits unreasonable searches and seizures and sets requirements for issuingwarrants.

If there is no probable cause and you are illegally searched, any evidence collected from the search will be excluded from evidence at trial.

It ultimately acts to protect people's right to privacy and freedom from unreasonable intrusions by the government.

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4th Amendment case law revolves around three main issues:

The amendment was established in response to the abuse of thewrit of assistance - a type of generalsearch warrantissued by theBritish government - which a major point of contention between Americans and the British.

It was introduced in Congress in 1789 by James Madison and was ratified on December 15, 1791.

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There are 27 amendments in the United States constitution.

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On May 17, 2021, the Supreme Court sided with a Rhode Island man who said police illegally seized firearms from his home without a warrant.

The Supreme Court decision reversed a lower court decision that law enforcement was allowed to enter the man's home and seize his firearms without a warrant after his wife expressed fear that he might harm himself.

Justice Clarence Thomas wrote the unanimous decision citing the 4th Amendment, "The very core of the Fourth Amendment" is the "right of a man to retreat into his own home and there be free from unreasonable search and seizure."

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What is The 4th Amendment?... - The Sun