The Fourth Amendment Video
Search and Seizure: Crash Course Government and Politics #27The Fourth Amendment - amusing answer
Law enforcement officers do not have unlimited powers, and they do not have the right to violate your constitutional rights. Under the Fourth Amendment , you have the right to a reasonable expectation of privacy, and police officers have limits in their authority to conduct a search of your property and seizure of evidence. However, if you can prove that the police violated your Fourth Amendment rights by conducting an illegal search and seizure , you may ask the court to throw out the evidence against you. As a general rule, you have a reasonable expectation of privacy and are entitled to be free from unreasonable government intrusions, and the police may not conduct a search and seizure of your property without a warrant. However, there are exceptions to this rule that afford police officers the right to search your premises, automobile, and belongings without a warrant. To search your property without a warrant, one of the exceptions must apply, such as reasonable suspicion, consent, or plain view. For example, the police cannot pull over your vehicle unless they have a reasonable suspicion that you have broken the law. Even if they have a valid cause for pulling you over, they may not conduct a warrantless search of your vehicle unless the circumstances provide a reasonable basis to do so. If the police ask to search your vehicle and you give them permission, they do not need a warrant because you consented to the search.
The Fourth Amendment
They were broad search warrants enabling customs officials to enter any business or home without advance notice, probable cause, or reason, which Otis asserted were unconstitutional.
The Authority To Conduct A Warrantless Search
Otis lost the case, but public wrath discouraged officials from employing the writs. Otis then became influential, his role growing with American grievances. He led the Massachusetts Committee of Correspondence in He wrote pamphlets.
Otis joined Samuel Adams to pen a circular to enlist other colonies in resisting the Townshend Duties. Otis from to Because he then began suffering bouts of mental illness which ended his contributions before the Revolutionary War, whose many American heroes have eclipsed him in memory. The end of government being the good of mankind … It is above all things to provide for the security, the quiet and happy enjoyment of The Fourth Amendment, liberty, and property.
There is no one act which a government can have a right to make, that does not tend to the advancement of the security, tranquility and prosperity of the people. Otis took our liberty, drawn in broad The Fourth Amendment, and applied it specifically to our homes and possessions. As he put it. This writ … would Foudth annihilate this privilege.
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Custom-house officers may enter our houses when they please … break … everything in their way; and whether they break through malice or revenge, no man, no court may inquire. His answer was tyranny. There can be no prescription old enough to supersede the law of nature, and the grand of God Amenndment who has given to all men a natural right to be free. I will to my dying day oppose, with all the powers and faculties God The Fourth Amendment given me, all such instruments of slavery on the one hand and villainy on the other, as this Writ of Assistance is. As Law Professor Thomas K. Clancy wrote:. James Amendmebt first challenged British search and seizure practices and offered an alternative vision of proper search and seizure principles. No authority preceding Otis had articulated so completely The Fourth Amendment framework for the search and seizure requirements that were ultimately embodied in the Fourth Amendment.]
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