THE QUESTION:
What is the fourth amendment?
THE QUOTE:
“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
The Fourth Amendment to the Constitution is known as the one against “unlawful searches and seizures”. What this means is protection from the government looking at or taking your things. This amendment also codified the idea of warrants.
Under British rule, soldiers and other officials were allowed to take the possessions of colonists or examine their houses and belongings. Like the third amendment, it gave them an advantage and prevented revolts from being held. People could not hide contraband or shelter fugitives for example because the soldiers could walk into their homes unannounced.
When the Revolutionary War was fought and won by the colonies, the Framers wanted to ensure that there would be no way for an oppressive government to take people’s possessions without fair reason.
The other part of this amendment is the idea of a warrant and probable cause. Police officers and other officials can not just barge into your house without reason and conduct a search, they either need a court order (warrant) saying they can conduct it or they need to have probable cause (see something suspicious or unlawful). This amendment and its protections have been challenged before during times of war or when martial law was declared. However, under normal circumstances, you have the right to your possessions assuming they are legal and the official does not have a warrant or probable cause. Overall, the fourth amendment ensures protection from a nosy government.
This is what the fourth amendment is and what it protects people from As always, I’m Joseph Pool, your Poolitician and thank you for plunging into politics!
Category: Constitution
Tags: freedom, rights, amendment, warrant, law, civics
