Amendments 1-27

4th amendment

22.10.2016 (2:11 am) – Filed under: amendments ::

The 4th amendment is one of the amendments to the US constitution. The 4th amendment is the part of the bills of right. The amendment is used for making the amendment correct and fixing the problem. The amendment can be used for correcting the legal documents, contract, constitution and bill. The constitutional amendment is related to the constitution. The constitution is not perfect always and it is necessary to change or the fix the constitution by the amendment and it is called constitutional amendment. By the constitutional amendment, the constitution will be updated. It is necessary to develop the constitution after the review.

The 4th amendment is the securing the privacy of the people and against law enforcement team. Although it does not directly attract the law enforcement team but by this amendment, law enforcement team cannot work properly. The 4th amendment is a constitution for giving a guarantee to the people from unreasonable searching and seizures. By the 4th amendment, the government wants to help the people live at home without any problem by the law enforcement or any other people of the government departments who can search or take entry without proper permission or warranty. The government wants to secure the house, paper and person’s private matters by the 4th amendment.

The 4th amendment is one of the parts of the bill of right. This amendment was developed on 15th December 1791. This amendment was created by the James Madison. This amendment is the response of the Anti-Federalist objections to the new constitution. By the 4th amendment, the government supports the people from harassment of the law enforcement team. Low enforcement team cannot forcefully search or take entry anyone’s home. They need to have a legal document for searching or strong proof of the existence of any illegal thing or unethical activity at home. By the adoption of the 4th amendment by the Thomas Jefferson, people feel secure at home. Like other amendments, the 4th amendment is not beyond of debate.

By the 4th amendment, the search, seizure, and arrest have limitation and unnecessary or illegal harassment has been stopped. Law enforcement team need specific information and warrant before taking any action. If law enforcement officer takes any action without any legal paper or strong proof, then the person who has been harassed can sue against the officer. The office will be a problem for breaking the rules of the 4th amendment. The 4th amendment violation is criminal trials. So, the law enforces team officers and the leader needs to follow or obey the 4th amendment if he wants to keep himself safe.

Among all of the amendment of USA, the 4th amendment is the most used and exercised law. This law became popular in the USA and many people like this 4th amendment but it is not the good for law enforcement team. By the 4th amendment, the law enforcement team has lost some of the power. The 4th amendment was developed and adopted during the American revolution. It was the direct response to abuse the summons of assistance. During the American revolution, some law enforcement teams started to search other’s home without any legal document and people were harassing in different ways, then the 4th amendment was developed. Personals property or any document cannot be searched by the government law team.

The 4th amendment will be applicable under some stipulation. This 4th amendment works against the power of the government law enforcement team of unwanted search. However, it is necessary to follow the condition for the 4th amendment by the law enforcement team. If the law enforcement team has no any legal paper like search warrant of an arrest warrant, then the team cannot access or search anyone’s private property. Before inspection by the law enforcement of any house or office, it is necessary to collect the legal paper which is issued by the court. But in certain circumstances, it is possible to search without any valid paper or warrants by the law enforcement team and It can be happened under the same 4th amendment. So, experts also noted this condition weak. However, it is also possible to collect individual’s tax hearing, voice and text message, faces deportation, by the law enforcement team under the 4th amendment for collecting evidence.

For the Electronical surveillance, it is also necessary to take permission from the court. If the law enforcement team does collect that information from the court, then if he does any action related to the electronical surveillance, it will be illegal. Now many people use a different electronic device including a computer and mobile phone. It is possible to retrieve many data and information from those electronic devices. In the mobile and computer, many information is stored and those things can be used as a proof. If necessary, then the law enforcement office can search the personal computer and official computer of any business.

There is another matter is the use of the patriotic act.  After the attract on the World tread center on 11 September 2001, the searching and seizing were increased. Police and other law enforcement teams started to search email, fax, phone and messages. Even they search and verified medical, library and financial records. Voice main was the basic and common searching object. At that time, law enforcement team did not follow many rules and regulation. For a basic search, they did not use any document from the court. Then many things were found illegal in the government team. It was very difficult to collect warranty at the certain time. Because numbers of issuing the warrants were increased numerously.

After World tread center attack, practicing the national security letter has been increased. Then many organizations, groups, companies worked to provide documents about any specific person. Mainly those documents were used for searching email, telephone, voce message, text message and even financial and hospital record. It was found that the law enforcement team could not image the person who was investigated the committed crime. Then the government agencies had no responsibility for obtaining the court order and searching any record.

In some cases, it was not necessary to use and collect warrant by the law enforcement team. If anyone does not create hinder for the law enforcement team for searching the private property, then the warrant is not necessary. The consent from the person is enough for the law enforcement team for searching any private property or home. The law enforcement team does not need to use a warrant for searching ground or open field. Although it is private property but they do search. However, it is good if the owner gives accent to search.  There is no permission to stop and search private vehicle but it is possible ion certain circumstances.

 

 

 

 

 

 

 

 

 

 

 

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