In the late 1700’s the 4th Amendment was written because of strong objections to the Writs of Assistance or general warrants. The Writs Assistance gave officials the right to enter any home and seize belongings without a reasonable cause. (Grolier Encyclopedia) The 4th amendment was ratified in the Bill of Rights on December 15, 1771. This amendment protects the people’s right to privacy and security. (Encarta Online)

The Fourth Amendment states, “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.” (Encarta Online) In the court case of Katz v. United States it was said that, “the 4th Amendment protects the people and not certain areas against search and seizure.” (Katz v. U.S.) Without this amendment people would have no claim over their personal privacy, or security. Any officer could enter homes and take any evidence that could be used to make an arrest

2001. .

As a result of Weeks v. United States, 1914, the court embraced the exclusionary rule. The exclusionary rule says that evidence gained as a result of an illegal act by police cannot be used against the person from who is seized. In the case Mapp v. Ohio 1961, police entered a Mapp’s home thinking that will find evidence of illegal gambling. While searching the house they found no evidence of gambling, but did find dirty magazines. Mapp was arrested and charged with having obscene materials. After being sentenced to jail the Supreme Court decided that the evidence was illegally obtained, because of the exclusionary rule. Within recent years the court has cut down on the exclusionary rule. (History Channel Online) Even though the rule says that illegally obtained evidence cannot be used in a trial, it can be used in a federal grand jury preceding. The court has given officers the benefit of the doubt to make “honest mistakes.” This ruling came as a result of the case Maryland v. Garrison 1987. In this case, police had a warrant to search an apartment for drugs. When the

History Channel Online. 2000. Columbia University Press. 30 Sept 2001.

Academy. 30 Sept. 2001. .

Along with the first eight amendments, the 4th Amendment deals with personal freedom. (Encarta Online) The 4th Amendment protects citizens from being accused of a crime without probable cause. Citizens of the United States of America deserves and maintains the right to privacy and security in their own homes.

Grolier’s Encyclopedia. CD-ROM. 1996 ed. New York: New York City, 1996.

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