The Fourth Amendment Unreasonable search and seizures

"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."

The Fourth Amendment has been debated a lot over the seven years. The reason for that is because police officers would just search other people's personal property without any evidence to do so. It then passed congress September 25,1789 and finally became a law in December 15,1791. Now Police officers can't search your personal property such as your home,car and papers without a search warrant and in order to get one they would need to have good evidence.

In Ohio 1968 there was a case called Terry v. Ohio . Three men were walking around a jewelry store and it looked like they were going to plan a robbery. But there was a police officer near by and noticed the three men. The police officer ordered the men to stop and frisk which is to give him their weapons without a proper reason or evidence. That inviolate their fourth amendment by unreasonable searching and seizures without a good cause to arrest the men. However the Supreme Court enforced the law that if an officer has "reasonable grounds" in other words a good reason for suspecting the criminal that may be armed the officer can pat down the criminals clothing to check for any weapons. By patting down the suspects clothing isn't a violation of unreasonable searching and seizures and on the other hand it's good safety for the police officer.

These police officers are doing stop and frisk.By that they are patting down the criminals to see if they have any weapons for their safety.However if you do have any weapons on you the police can take it and have it inspected like what they are doing in the picture.But police officers CAN NOT claim frisk for finding anything but weapons such as drugs.The Supreme Court made it a rule so it can protect the fourth amendment. If they find a drug or something other than a weapon it can't be inspected without your consent.
This is what a search warrant looks like. In order for police to search your personal property they need a search warrant. A search warrant is signed by the judge so the police can be able to search certain things in your home. For the judge to sign it the police need "probable cause" that there is something illegal the criminal is hiding.What police have is affidavits which is written statements under oath. It includes their own observations or witnesses that gives them a reason on why the police should search the suspects home.
This image is showing unwanted searching and seizures.The police officer doesn't have a search warrant specifically signed by the court.Before the fourth amendment police officers would just invade peoples personal property and that is exactly what they are doing here.These police have no evidence or reason to be without evidence searching the suspects home.When it became a huge problem it finally became the fourth amendment.Now police can't search any of your property without evidence and a search warrant signed by the judge.


Created with images by luctheo - "handcuffs chains prison"

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