4th Amendment and the Bill of Rights

Published: 2021-08-01 15:10:08
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Category: Law

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The 4th amendment is protecting individuals from unjustified or unreasonable searches and seizures (Sekhon, 2017). Individuals have the right to feel free from unwarranted searches and seizures without probable cause. An individual is considered innocent until they are proven guilty. The 4th amendment not only applies to a person but also their property. The Bill of Rights was created to prevent the abuse of power against individuals (Richardson, 2012).
It helps to make sure that individuals are treated fairly and not being railroaded. The Bill of Rights in a sense keeps things in line especially when it comes to the criminal justice system. It is hard for some people to do the right thing without it being in black and white. Even though things are in black and white individuals still find a way to violate the rights of others and most of the time it is for their own personal gain. There are some stipulations when it comes to searches and seizures and it has to do with the safety of the public. Law enforcement and courts are responsible for clearly stating and specifically defining the purpose in advance of any search and seizure (Sekhon, 2017).
In any situation, the safety of others should always come first and sometimes you have to do what you have to do in order to make sure others are safe. In order to get a warrant, you still have to have probable cause in order to have the warrant issued. Warrants are usually issued when law enforcement is looking for evidence in a crime and the 4th amendment makes it possible for individuals of crimes to be protected and make sure due process is done (Richardson, 2012).
The motivation behind the 4th amendment was for free will along with the rights of individuals not to be violated. Being accused of a crime without sufficient evidence takes a toll on a person’s mental state and in some cases follows them the rest of their lives. Lately, the news has shown how individuals have been violated and searched without probable cause and in some cases, individuals have lost their life due to unwarranted searches. African American men have been the target of unwarranted searches more often than any other race, it is like the 4th amendment does not even apply to them. In order for police to arrest an individual of a crime they must have probable cause with the suspicion that an individual has committed a crime (Gouldin, 2016).
The 4th amendment is supposed to protect all races but in some cases, it does not and law enforcement seems to be justified in their actions which is a clear violation of the motivation and reasons behind the 4th amendment and the Bill of Rights. I think it is very clear as to why the founding fathers created the Bill of Rights and it consists of these amendments. These specific amendments help protect the people and their rights along with making them feel like they have freedom without being violated. Limitations had to be put in place so that individuals were treated fairly and law enforcement do not abuse their power. The 4th amendment is a result of abuse of power and was put in place to protect the people. The founding fathers of the Bill of Rights saw an issue and made an effort to remedy the issue these amendments.

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