The Fourth Amendment was effected in 1791 in the United States of America to protect people against unlawful searches and seizures (Arcila, 2007). Therefore, this franchise ought not to be violated. Nevertheless, where there are an authentic affirmation that may need persons and their homes to be searched or particular properties to be seized, this bill can be infringed. The fourth amendment has various elements that aim at protecting people from unreasonable search and seizure.
The first element is search. Following the Katz vs. United States in 1967, the court ruled out that a search could be conducted where there are justifiable reasons to warrant a search (Arcila, 2007). The second element is a seizure. According to this amendment, any seizure that is not rationalized is prohibited. In this regards, seizure can only be done following proper authorization. The third element is stop and frisk. Following the Terry vs. Ohio case in 1968, police are permitted to conduct a stop and frisk where there is a reasonable cause (Arcila, 2007). In this respect, an officer can stop and search an individual if he/she suspects that is armed or even a criminal activity is ongoing.
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The fourth element is a warrant. Under the fourth amendment, the persons in charge of search and seize need proper documentation or rather an order that authorizes the act (Arcila, 2007). The warrant ought to clearly indicate the reason why it is necessary to conduct the search and the items that need to be seized. Probable cause is the fifth element. The amendment requires the probable cause to be defined explicitly. As such, it ought to be logic and precise. Another item in the fourth amendment is the exclusionary rule. Notably, this rule was adopted by the court to ensure that police officers don not violate the probable cause law (Arcila, 2007). As such, this bill seeks to ensure that tainted materials are not used as evidence in the court.
In conclusion, the fourth amendment is necessary for the American citizens since it protects them from unjustifiable searches and seizures. It does this by ensuring that the law enforcement officers are first authorized to conduct searches and seizures where there is the rationale. Of essence, it ensures that the evidence presented in courts are not tainted to criminalize innocent persons.
References
Arcila, F. (2007). In the Trenches: Searches and the Misunderstood Common-Law History of Suspicion and Probable Cause. University of Pennsylvania Journal of Constitutional Law , 10 , 1-63.
