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Essay / Research Paper Abstract
This 14 page paper discusses the 4th Amendment and its guarantee that citizens are free from illegal search and seizure. Bibliography lists 10 sources.
Page Count:
14 pages (~225 words per page)
File: D0_HVSrch.rtf
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Unformatted sample text from the term paper:
Unfortunately, it seems that the courts, police, and other authorities are not at all interested in protecting individual rights and freedoms, but in taking them away. In
this paper I will examine the Fourth Amendment, attacks upon it, the Exclusionary Rule, and decisions that involved the Amendment. I conclude with a discussion of some of
the practices that are currently undermining this basic freedom: safety from unreasonable search and seizure. The Fourth Amendment The Fourth Amendment to the Constitution says, quite simply, "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." The Fourth Amendment is a direct
outgrowth of the experience of Colonial Americans with the British and their "writs of assistance," which were broadly written warrants that allowed British troops to "enter any house or other
place to search for and seize prohibited and uncustomed goods, and commanding all subjects to assist in these endeavors."2 The unlawful searches the British conducted left the Colonists with
a deep desire to be secure in their own homes. Interestingly, the question arises "whether the Fourth Amendments two clauses must be read together to mean that the only searches
and seizures which are reasonable are those which meet the requirements of the second clause, that is, are pursuant to warrants issued under the prescribed safeguards, or whether the two
clauses are independent, so that searches under warrant must comply with the second clause but that there are reasonable searches under the first clause which need not comply with the
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