The Fourth Amendment restricts the government or anyone acting as an agent of the government from entering some ones" home to conduct a search or seizure without a search warrant. It also ensures that the people are "secure in their persons, papers and effects against unreasonable searches", unless a Warrant has been obtained after probable cause has been established. This was written in 1791, however as time passed and the nation grew, the United States Supreme Court recognized that there are times when exceptions to the Fourth Amendment's requirement of a search warrant are made. My paper will examine and explain these exceptions to the search warrant requirement of the Fourth Amendment. .
As a general rule in cases relating to searches and seizures, any property seized by the police without a search warrant will not be admitted into court as evidence, unless a search warrant was obtained to search for, and seize the property in question. It is rightfully this way because of the protections that the Fourth Amendment provides.
The Fourth Amendment states that "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 applies to all governmental agencies, agents or anyone acting on their behalf on the federal, state, and local levels. It was the intention of the writers of the Fourth Amendment to protect the common person from overzealous government agents.
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When originally written it established that the courts must first examine the facts, testimonies, evidences etc. to determine whether or not probable cause existed to grant the issuance of a search warrant. However, as the textbook stated, "the constitution is a living document", and in being this living document, it adapted to the ever changing needs of the society that it was serving.
