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Essay / An Overview of the Fourth Amendment
The Fourth Amendment enables people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This gives citizens confidence that authoritative figures such as police officers cannot search them without probable cause or a search warrant. To obtain a warrant, law enforcement officers must likely have a reason “supported by oath or affirmation.” One of the fundamental values of American society is justice, and there is no justice without the protection afforded by the Fourth Amendment. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay The origins of the Fourth Amendment date back to the pre-Revolutionary War era. The founding father of the Fourth Amendment, James Otis, once said, “Can there be liberty when property is taken without consent?” » Before the American colonies declared their independence, British soldiers could search and seize for any reason they saw fit. This, along with many other injustices, led to the colonies separating from Great Britain. Today, police can manipulate information to make it appear that a search or seizure was reasonable when it was not. Another concern today is whether evidence collected during an illegal, warrantless search is admissible in court. In the case of Mapp v. Ohio, Dollree Mapp was convicted of possession of obscene material after an admittedly illegal police search of her home in search of a fugitive. She took the case to the Supreme Court, which ruled that "all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court." If the police had obtained a warrant to search the apartment, everything would have been done legally and Mapp would have been arrested and convicted. New technologies raise a major concern regarding the Fourth Amendment. Today, businesses and government agencies have the tools to unreasonably search citizens in the United States. For example, in 2013, Edward Snowden leaked documents describing NSA surveillance of citizens in the United States. They monitored millions of people's phone calls and other private data. Without the technology in place, this surveillance of citizens would not have happened, and as technology continues to develop at a rapid pace, it will become easier for others to spy on citizens. This is a problem in that the Fourth Amendment is designed to prevent this, but it appears that the government is willing to revisit the written Bill of Rights to achieve whatever goals it has set for itself. Keep in mind: this is just a sample. Get a custom paper now from our expert writers. Get a Custom Essay The Fourth Amendment is designed to protect people's privacy and to prevent the government from becoming too powerful and authoritarian in the daily lives of citizens. Without it, police can search citizens at will, invade homes, and force people's cooperation. This is barbaric behavior and the founders were right to guarantee the right against unreasonable searches and seizures in the constitution..