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.
Writs of Assistance:
The Fourth Amendment was written directly in response to British general warrants (called Writs of Assistance), in which the Crown would grant general search powers to British law enforcement official. These officials could search virtually any home they liked, at any time they liked, for any reason they liked or for no reason at all. Since many of the founding fathers were smugglers, this was an especially unpopular concept in the colonies.
Remember also, this amendment is preceded by the third which was in regards to quartering soldiers, whether it was a time of war or not. In effect, in the early colonial times, soldiers could commander your resources, and stay until they depleted your harvest, and then move on.
The fourth amendment has been challenged by both sides of the law many times. The Supreme COurt has had to specifically define them under every kind of legal and illegal challenge. It has been easier to define the application of the fourth amendment on a case by case basis. If you are a drug smuggler, an illegal alien, or just an average Joe this amendment is there to protect certain rights, It defines what is necessary to obtain a legal search warrant, and every branch of the government and citizenry must comply. In fact, even if proven guilty of the crime, you must be careful how you obtain the evidence. Many vital pieces of criminal behaviors were thrown out, not because they were believed to be untrue, but that they were poisoned fruits obtained by illegal means.
Ok i am not becoming an historian, these things i found in root to other things i was googling. (See yesterdays blog.)Although at times it is probably very frustrating to the judicial branch, the law must be blind regarding persons. That is why sheis so often portrayed with a blindfold. One law for all. When Americans open this document for themselves, I believe real needed changes will come to AMerica.
We were never meant to be puppets.We have slipped back into taxation without true representation,and we may need to throw some more tea in Boston harbor. The Constitution was and is a beautiful document. Read it for yourself.
Blessings
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