Constitutional Law And The Fourth Amendment
Times change, situations change and so does the law. There is provision in the Constitution for changes to be made depending on circumstances. When such changes are made, they are called constitutional law or amendments. |
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The Fourth Amendment is part of the Bill of Rights. It is about basic human rights. It makes every man’s house a safe refuge for him. Unless a warrant is issued with due cause, no unreasonable searches can be made, or any papers or belongings seized.
Like most rules and laws, this Amendment has its roots in English legal dogma. Even the King did not have authority to infringe on his subjects’ residence, and was only allowed to do so with proper cause and warrant. This sounds very similar to the Fourth Amendment.
In colonial America, there was an unreasonable amount of searches made. A warrant could be easily obtained, and the authorities had almost limitless power. Also, the Excise Act of 1754 gave tax collectors power to question the colonists about certain goods which might not have gone through Customs, get warrants easily, and search homes ruthlessly.
Action was taken against such activities for the first time in 1756 in Massachusetts to curtail such power, and to safeguard the homes of colonists.
Today, it is not that easy to get a warrant for a house search, thanks to our forefathers. The warrant has to be sanctioned judicially, and the cause has to be reasonable. Originally, only the federal government was subject to the amendment. It was later on in 1961, that the Supreme Court ruled that even State Governments had to abide by it.
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