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Essay / Research Paper Abstract
A 5 page research paper on the origins and features of the Fourth Amendment to the U.S. Constitution. The writer details the language of the amendment, its origins, the exclusionary rule, and the pros and cons of each aspect. Bibliography lists 5 sources.
Page Count:
5 pages (~225 words per page)
File: D0_4thamend.rtf
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Unformatted sample text from the term paper:
the greater power of the state. While this is a valuable right, many people believe that the protections of the amendment go too far in keeping the police from
being able to easily apprehend and prosecute criminals. Nevertheless, the Amendment is one of our most crucial guarantees of freedom. Specifically, the Fourth Amendment provides: "The right of the
people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported
by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (Israel & LaFave, 1980, 99). These provisions apply to
the actions by the federal government both in terms of arresting people and in going into their homes or other private places to search for evidence of crimes, and were
extended to the states through the due process clause of the Fourteenth Amendment. This amendment has some of the most specific and detailed wording of any of the Bill
of Rights. This is because the freedom it sought to protect was of great importance to the Founding Fathers. Prior to the American Revolution, authorities used mere suspicion as
the grounds for getting writs of assistance for various kinds of raids and dragnet seizures. The goal was to suppress sedition and stamp out colonial smuggling. Thus, the
amendment sought to keep such things from happening by outlawing "unreasonable" searches without a warrant (Fraenkel, Dorsen, & Viles, 1996). The whole thrust of the amendment is to provide
a balance between the conflicts between protection of personal freedom and the power of the government to intrude into personal lives (Biden, 1992). Whatever inconvenience there may be for
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