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Essay / Research Paper Abstract
5 pages in length. The Fourth Amendment was established as a means by which to protect people from the invasion of unreasonable search and seizure; however, critics contend that the exclusionary rule has encouraged the amendment's failure to integrate the substantive and procedural components of this right. The grave importance of securing one's personal privacy against unjustified invasion is of paramount importance in contemporary society, yet somewhere along the passage of time, the Fourth Amendment has been compromised to such an extreme that it has become difficult for one to discern its true benefit to the people. Bibliography lists 6 sources.
Page Count:
5 pages (~225 words per page)
File: LM1_TLC4thAm.rtf
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Unformatted sample text from the term paper:
rule has encouraged the amendments failure to "integrate the substantive and procedural components of this right" (Colb 1456-1525). The grave importance of securing ones personal privacy against unjustified invasion
is of paramount importance in contemporary society, yet somewhere along the passage of time, the Fourth Amendment has been compromised to such an extreme that it has become difficult for
one to discern its true benefit to the people. "Fourth Amendment analysis that pits the privacy rights of individuals against public crime control concerns fails to consider all the
types of harm that the amendment is intended to prevent" (Colb 1456-1525). Since the Constitutions inception, there have been some questionable applications
of subsequent amendments which were put in place as a means by which to protect citizens, yet are being employed instead to seemingly twist the original meaning. Such is
the case with accused criminals and the Fourth Amendment, which is readily and routinely enforced with the help of the exclusionary rule, a congressional - rather than constitutional - amendment
that calls for certain people to be exempt from Fourth Amendment protection. Clearly, there was a dire need for this particular amendment when the worst impact of colonial times
was taking place and people held no inherent human rights when it came to search and seizure violations. Based a great deal upon English law, the Fourth Amendment fully
supported the notion that "a mans home is his castle" and, therefore, protected from those who seek to gain entrance without proper legal backing of probable cause. Without the
protection of Fourth Amendment rights, citizens were nothing more than sitting ducks waiting for bodily and property violations at the whims of law enforcement officials, a situation that detracts from
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