⒈ Explain What The Amendment Say (In Plain English).

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Explain What The Amendment Say (In Plain English).

Explain What The Amendment Say (In Plain English). I have always considered Explain What The Amendment Say (In Plain English). independency of this continent, as an event, which sooner or later must arrive, so from the late rapid progress of the continent to maturity, the event could not be far off. Sign Up. I definitely appreciated every part of it and I have you book marked The Great Irish Famine see new information in your site. It is highly directed, technically enhanced observation: Explain What The Amendment Say (In Plain English). search. See Anuj C. Facebook keeps records of everything. This will point out the convenience of their consenting to leave the legislative part to Explain What The Amendment Say (In Plain English). managed by Explain What The Amendment Say (In Plain English). select number chosen from the whole body, Explain What The Amendment Say (In Plain English). are supposed to Explain What The Amendment Say (In Plain English). the same concerns at stake Explain What The Amendment Say (In Plain English). Saint Iggy Summary have who appointed them, and who will act in the same Causes And Consequences Of Bmws Quality Problem as the whole body would act were they present. But particularized exceptions to Explain What The Amendment Say (In Plain English). main rule are sometimes warranted based on 'special needs, beyond the normal need for law enforcement'.

The Truth.... In Plain English

Such "federalism" issues are bound to resurface in other cases, including one that had not yet reached the court: Attorney General john ashcroft 's bid to prosecute doctors assisting in suicides under Oregon law. Oregon v. Ashcroft , F. Arkansas Law Review 55 winter. Indiana Law Journal 78 winter-spring. University of Colorado Law Review 73 fall. Albany Law Review 66 spring. The key to the endurance of the Constitution, according to Madison, was that even in a democracy, the majority must not be allowed too much power; it needs to be held in check so that individual and state freedoms will be preserved. Indeed, English writer Edmund Burke said that in a "democracy, the majority of citizens is capable of exercising the most cruel oppression on the minority.

One check in the political process supported by the Constitution is provided by the Supreme Court, which is politically insulated. This check, as explained by Madison,"guarantee[s] the right of individuals, even the most obnoxious, to vote, speak and to be treated fairly and with respect and dignity. The principle of federalism states that the greatest danger to liberty is the majority. These rights were decided "according to the rules of justice and the rights of the minor party, [not] by the superior force of an interested and overbearing majority" The Federalist no.

Although the Supreme Court is part of the federal government, it is separate from the legislative and executive branches, and it functions as a check on the federal and state governments. The Constitution was influenced by two major philosophies: federalism and nationalism. The federalists believed in a noncentralized government. They supported the idea of a strong national government that shared authority and power with strong state and local governments. The nationalists, or neofederalists, believed there should be a strong central government with absolute authority over the states. When the founders were developing the Constitution, they had four goals.

First, they wanted the government to be responsive to the citizens. Second, they wanted the political system to enhance, not discourage, interaction between the government and the governed. Third, they wanted the system to allow for the coexistence of political order and liberty. And finally, they wanted the system to provide a fair way of ensuring that civil justice and morality would flourish. The Constitution as eventually ratified was labeled a bundle of compromises because it allowed for a strong central government but still conceded powers to the individual states.

In The Federalist , no. Those which are to remain in the State governments are numerous and indefinite. The constitutional role of the states in the federal government is determined by four factors: 1 the provisions in the federal and state constitutions that either limit or guarantee the powers of the states in relation to the federal government; 2 the provisions in the Constitution that give the states a role in the makeup of the government; 3 the subsequent interpretation of both sets of provisions by the courts, especially the Supreme Court; and 4 the unwritten constitutional traditions that have informally evolved and have only recently been recognized by the federal or state constitutions or the courts.

In the early s and early s, the U. Supreme Court continued to revisit and reshape the concept of federalism in cases pitting the powers and prerogatives of the state and federal government against each other. Perhaps the biggest changes had occurred in the judicial branch, with its power of Judicial Review. Judicial review allows the courts to invalidate acts of the legislative or executive branches if the courts determine that the acts are unconstitutional.

The Supreme Court first exercised judicial review of national legislation in the landmark case of Marbury v. Madison , 5 U. The Federalist Papers were based on the principle that the Articles of Confederation were inadequate. The ideas set forth in The Federalist Papers challenged those articles and proposed a new governmental style for the Union. Judges have five sources of guidance for interpreting the Constitution: the original intention of the founders; arguments based on the theory of the Constitution; arguments based on the Constitution's structure; arguments based on judicial precedent; and arguments based on moral, social, and political values. Across the centuries, several justices have attempted to interpret the original, often vague intention of a document written in the late s.

Justice benjamin n. Therefore a principle, to be vital, must be capable of wider application than the mischief which gave it birth. This is peculiarly true of constitutions" Weems v. Although it may seem unlikely that a federal body would favor states' rights over federal, it is not uncommon. For example, in the case of Coleman v. Thompson , U. Roger Keith Coleman had received a death sentence, which he challenged in the Virginia state and federal courts on the basis that he was an innocent man being executed for a crime he did not commit.

The case reached the U. Supreme Court, where the majority said,"This is a case about federalism. It concerns the respect that federal courts owe the States and the States' procedural rules when reviewing the claims of state prisoners in federal habeas corpus. This deference to state laws is based on the idea that states are separate sovereigns with autonomy that must be taken into consideration. Another key element of federalism is the principle of Separation of Powers. The Constitution's definition of separation of powers is not specific, and the Supreme Court has struggled to interpret it. Separation of powers is based on the premise that there are three branches of federal government, each with its own enumerated powers.

For example, the Executive Branch , which includes the president, has Veto power; the Senate and Congress make up the legislative branch and have the power of advice and consent over the appointment of executive and judicial officers; and the courts make up the judicial branch and have the power of judicial review. The separation-of-powers principle has had two interpretations. The first, formalism, is rooted in the idea that the Constitution's goal was to divide the new federal government into three defined categories, each with its own set of powers. The second interpretation, functionalism, is based on the belief that the three branches of government are not clearly delineated.

Functionalists believe that the goal of separation of powers is to ensure that each branch retains only as much power as is necessary for it to act as a check on the other branches. Although the interpretations appear similar, they differ in terms of what constitutes a breach of the separation of powers. A breach under formalism would be a breach under functionalism only if the power in question either infringed on the core function of another branch or increased another branch's power.

In Gregory v. Ashcroft , U. At the same time, however, the Supremacy Clause U. O'Connor also said that the Court must assume that Congress does not "exercise lightly" this "extraordinary power" to legislate, even in areas traditionally regulated by the states. The people of a state establish the structure of their government and the qualifications of those who exercise governmental authority. Such decisions are of the most "fundamental sort for a sovereign entity.

The Court in Gregory also applied the plain statement rule, requiring Congress to state clearly its intent when creating laws that may interfere with state government functions. The plain statement rule, under Gregory , serves as a check against federal regulation of the states. To be always running three or four thousand miles with a tale or a petition, waiting four or five months for an answer, which when obtained requires five or six more to explain it in, will in a few years be looked upon as folly and childishness — There was a time when it was proper, and there is a proper time for it to cease.

Small islands not capable of protecting themselves, are the proper objects for kingdoms to take under their care; but there is something very absurd, in supposing a continent to be perpetually governed by an island. In no instance hath nature made the satellite larger than its primary planet, and as England and America, with respect to each other, reverses the common order of nature, it is evident they belong to different systems: England to Europe, America to itself. I am not induced by motives of pride, party, or resentment to espouse the doctrine of separation and independence; I am clearly, positively, and conscientiously persuaded that it is the true interest of this continent to be so; that every thing short of that is mere patchwork, that it can afford no lasting felicity, — that it is leaving the sword to our children, and shrinking back at a time, when, a little more, a little farther, would have rendered this continent the glory of the earth.

As Britain hath not manifested the least inclination towards a compromise, we may be assured that no terms can be obtained worthy the acceptance of the continent, or any ways equal to the expense of blood and treasure we have been already put to. The object, contended for, ought always to bear some just proportion to the expense. The removal of North, or the whole detestable junto, is a matter unworthy the millions we have expended. A temporary stoppage of trade, was an inconvenience, which would have sufficiently balanced the repeal of all the acts complained of, had such repeals been obtained; but if the whole continent must take up arms, if every man must be a soldier, it is scarcely worth our while to fight against a contemptible ministry only.

Dearly, dearly, do we pay for the repeal of the acts, if that is all we fight for; for in a just estimation, it is as great a folly to pay a Bunker-hill price for law, as for land. As I have always considered the independency of this continent, as an event, which sooner or later must arrive, so from the late rapid progress of the continent to maturity, the event could not be far off.

Wherefore, on the breaking out of hostilities, it was not worth the while to have disputed a matter, which time would have finally redressed, unless we meant to be in earnest; otherwise, it is like wasting an estate on a suit at law, to regulate the trespasses of a tenant, whose lease is just expiring. No man was a warmer wisher for reconciliation than myself, before the fatal nineteenth of April , but the moment the event of that day was made known, I rejected the hardened, sullen tempered Pharaoh of England for ever; and disdain the wretch, that with the pretended title of FATHER OF HIS PEOPLE, can unfeelingly hear of their slaughter, and composedly sleep with their blood upon his soul. But admitting that matters were now made up, what would be the event?

I answer, the ruin of the continent. And that for several reasons. The powers of governing still remaining in the hands of the king, he will have a negative over the whole legislation of this continent. We may be as effectually enslaved by the want of laws in America, as by submitting to laws made for us in England. After matters are made up as it is called can there be any doubt, but the whole power of the crown will be exerted, to keep this continent as low and humble as possible? Instead of going forward we shall go backward, or be perpetually quarrelling or ridiculously petitioning.

To bring the matter to one point. Is the power who is jealous of our prosperity, a proper power to govern us? But the king you will say has a negative in England; the people there can make no laws without his consent. In point of right and good order, there is something very ridiculous, that a youth of twenty-one which hath often happened shall say to several millions of people, older and wiser than himself, I forbid this or that act of yours to be law. America is only a secondary object in the system of British politics, England consults the good of this country, no farther than it answers her own purpose.

Wherefore, her own interest leads her to suppress the growth of ours in every case which doth not promote her advantage, or in the least interferes with it. A pretty state we should soon be in under such a second-hand government, considering what has happened! Reconciliation and ruin are nearly related. That as even the best terms, which we can expect to obtain, can amount to no more than a temporary expedient, or a kind of government by guardianship, which can last no longer than till the colonies come of age, so the general face and state of things, in the interim, will be unsettled and unpromising.

Emigrants of property will not choose to come to a country whose form of government hangs but by a thread, and who is every day tottering on the brink of commotion and disturbance; and numbers of the present inhabitants would lay hold of the interval, to dispose of their effects, and quit the continent. But the most powerful of all arguments, is, that nothing but independence, i.

I dread the event of a reconciliation with Britain now, as it is more than probable, that it will followed by a revolt somewhere or other, the consequences of which may be far more fatal than all the malice of Britain. Thousands are already ruined by British barbarity; thousands more will probably suffer the same fate. Those men have other feelings than us who have nothing suffered. All they now possess is liberty, what they before enjoyed is sacrificed to its service, and having nothing more to lose, they disdain submission. Besides, the general temper of the colonies, towards a British government, will be like that of a youth, who is nearly out of his time; they will care very little about her.

And a government which cannot preserve the peace, is no government at all, and in that case we pay our money for nothing; and pray what is it that Britain can do, whose power will be wholly on paper, should a civil tumult break out the very day after reconciliation? I have heard some men say, many of whom I believe spoke without thinking, that they dreaded an independence, fearing that it would produce civil wars.

It is but seldom that our first thoughts are truly correct, and that is the case here; for there are ten times more to dread from a patched up connexion than from independence. I make the sufferers case my own, and I protest, that were I driven from house and home, my property destroyed, and my circumstances ruined, that as a man, sensible of injuries, I could never relish the doctrine of reconciliation, or consider myself bound thereby.

The colonies have manifested such a spirit of good order and obedience to continental government, as is sufficient to make every reasonable person easy and happy on that head. No man can assign the least pretence for his fears, on any other grounds, that such as are truly childish and ridiculous, viz. Where there are no distinctions there can be no superiority, perfect equality affords no temptation.

The republics of Europe are all and we may say always in peace. Holland and Swisserland are without wars, foreign or domestic: Monarchical governments, it is true, are never long at rest; the crown itself is a temptation to enterprizing ruffians at home; and that degree of pride and insolence ever attendant on regal authority, swells into a rupture with foreign powers, in instances, where a republican government, by being formed on more natural principles, would negotiate the mistake.

If there is any true cause of fear respecting independence, it is because no plan is yet laid down. Men do not see their way out — Wherefore, as an opening into that business, I offer the following hints; at the same time modestly affirming, that I have no other opinion of them myself, than that they may be the means of giving rise to something better. Could the straggling thoughts of individuals be collected, they would frequently form materials for wise and able men to improve into useful matter. Let the assemblies be annual, with a President only.

The representation more equal. Their business wholly domestic, and subject to the authority of a Continental Congress. Let each colony be divided into six, eight, or ten, convenient districts, each district to send a proper number of delegates to Congress, so that each colony send at least thirty. The whole number in Congress will be least Each Congress to sit and to choose a president by the following method. When the delegates are met, let a colony be taken from the whole thirteen colonies by lot, after which, let the whole Congress choose by ballot a president from out of the delegates of that province. In the next Congress, let a colony be taken by lot from twelve only, omitting that colony from which the president was taken in the former Congress, and so proceeding on till the whole thirteen shall have had their proper rotation.

And in order that nothing may pass into a law but what is satisfactorily just, not less than three fifths of the Congress to be called a majority. A committee of twenty-six members of Congress, viz. Two members for each House of Assembly, or Provincial Convention; and five representatives of the people at large, to be chosen in the capital city or town of each province, for, and in behalf of the whole province, by as many qualified voters as shall think proper to attend from all parts of the province for that purpose; or, if more convenient, the representatives may be chosen in two or three of the most populous parts thereof. In this conference, thus assembled, will be united, the two grand principles of business, knowledge and power.

The members of Congress, Assemblies, or Conventions, by having had experience in national concerns, will be able and useful counsellors, and the whole, being impowered by the people, will have a truly legal authority. Immediately after which, the said Conference to dissolve, and the bodies which shall be chosen comformable to the said charter, to be the legislators and governors of this continent for the time being: Whose peace and happiness, may God preserve, Amen. Should any body of men be hereafter delegated for this or some similar purpose, I offer them the following extracts from that wise observer on governments Dragonetti.

Those men would deserve the gratitude of ages, who should discover a mode of government that contained the greatest sum of individual happiness, with the least national expense. But where says some is the King of America? Yet that we may not appear to be defective even in earthly honors, let a day be solemnly set apart for proclaiming the charter; let it be brought forth placed on the divine law, the word of God; let a crown be placed thereon, by which the world may know, that so far as we approve as monarchy, that in America THE LAW IS KING.

For as in absolute governments the King is law, so in free countries the law ought to be King; and there ought to be no other. But lest any ill use should afterwards arise, let the crown at the conclusion of the ceremony be demolished, and scattered among the people whose right it is. A government of our own is our natural right: And when a man seriously reflects on the precariousness of human affairs, he will become convinced, that it is infinitely wiser and safer, to form a constitution of our own in a cool deliberate manner, while we have it in our power, than to trust such an interesting event to time and chance. If we omit it now, some, Massanello may hereafter arise, who laying hold of popular disquietudes, may collect together the desperate and discontented, and by assuming to themselves the powers of government, may sweep away the liberties of the continent like a deluge.

Should the government of America return again into the hands of Britain, the tottering situation of things, will be a temptation for some desperate adventurer to try his fortune; and in such a case, what relief can Britain give? Ere she could hear the news, the fatal business might be done; and ourselves suffering like the wretched Britons under the oppression of the Conqueror. Ye that oppose independence now, ye know not what ye do; ye are opening a door to eternal tyranny, by keeping vacant the seat of government.

There are thousands, and tens of thousands, who would think it glorious to expel from the continent, that barbarous and hellish power, which hath stirred up the Indians and Negroes to destroy us, the cruelty hath a double guilt, it is dealing brutally by us, and treacherously by them. To talk of friendship with those in whom our reason forbids us to have faith, and our affections wounded through a thousand pores instruct us to detest, is madness and folly.

Every day wears out the little remains of kindred between us and them, and can there be any reason to hope, that as the relationship expires, the affection will increase, or that we shall agree better, when we have ten times more and greater concerns to quarrel over than ever? Ye that tell us of harmony and reconciliation, can ye restore to us the time that is past? Can ye give to prostitution its former innocence? Neither can ye reconcile Britain and America. The last cord now is broken, the people of England are presenting addresses against us. There are injuries which nature cannot forgive; she would cease to be nature if she did. As well can the lover forgive the ravisher of his mistress, as the continent forgive the murders of Britain.

The Almighty hath implanted in us these unextinguishable feelings for good and wise purposes. They are the guardians of his image in our hearts. They distinguish us from the herd of common animals. The social compact would dissolve, and justice be extirpated from the earth, or have only a casual existence were we callous to the touches of affection. The robber, and the murderer, would often escape unpunished, did not the injuries which our tempers sustain, provoke us into justice. O ye that love mankind! Ye that dare oppose, not only the tyranny, but the tyrant, stand forth! Every spot of the old world is overrun with oppression. Freedom hath been hunted round the globe.

Asia, and Africa, have long expelled her. I HAVE never met with a man, either in England or America, who hath not confessed his opinion, that a separation between the countries would take place one time or other: And there is no instance in which we have shown less judgment, than in endeavoring to describe, what we call, the ripeness or fitness of the continent for independence. As all men allow the measure, and vary only in their opinion of the time, let us, in order to remove mistakes, take a general survey of things, and endeavor if possible to find out the VERY time. The general concurrence, the glorious union of all things, proves the fact.

The Continent hath at this time the largest body of armed and disciplined men of any power under Heaven: and is just arrived at that pitch of strength, in which no single colony is able to support itself, and the whole, when united, is able to do any thing. Our land force is more than sufficient, and as to Naval affairs, we cannot be insensible that Britain would never suffer an American man of war to be built, while the Continent remained in her hands. Wherefore, we should be no forwarder an hundred years hence in that branch than we are now; but the truth is, we should be less so, because the timber of the Country is every day diminishing, and that which will remain at last, will be far off or difficult to procure.

Were the Continent crowded with inhabitants, her sufferings under the present circumstances would be intolerable. The more seaport-towns we had, the more should we have both to defend and to lose. Our present numbers are so happily proportioned to our wants, that no man need be idle. The diminution of trade affords an army, and the necessities of an army create a new trade. Debts we have none: and whatever we may contract on this account will serve as a glorious memento of our virtue.

Can we but leave posterity with a settled form of government, an independent constitution of its own, the purchase at any price will be cheap. But to expend millions for the sake of getting a few vile acts repealed, and routing the present ministry only, is unworthy the charge, and is using posterity with the utmost cruelty; because it is leaving them the great work to do, and a debt upon their backs from which they derive no advantage. The debt we may contract doth not deserve our regard if the work be but accomplished. No nation ought to be without a debt. A national debt is a national bond; and when it bears no interest, is in no case a grievance. Britain is oppressed with a debt of upwards of one hundred and forty millions sterling, for which she pays upwards of four millions interest.

And as a compensation for her debt, she has a large navy; America is without a debt, and without a navy; yet for the twentieth part of the English national debt, could have a navy as large again. The navy of England is not worth at this time more than three millions and a half sterling. The first and second editions of this pamphlet were published without the following calculations, which are now given as a proof that the above estimation of the navy is a just one. Burchett, Secretary to the navy. And hence it is easy to sum up the value, or cost, rather, of the whole British navy, which, in the year , when it was at its greatest glory, consisted of the following ships and guns. No country on the globe is so happily situated, or so internally capable of raising a fleet as America.

Tar, timber, iron, and cordage are her natural produce. We need go abroad for nothing. Whereas the Dutch, who make large profits by hiring out their ships of war to the Spaniards and Portuguese, are obliged to import most of the materials they use. We ought to view the building a fleet as an article of commerce, it being the natural manufactory of this country. A navy when finished is worth more than it cost: And is that nice point in national policy, in which commerce and protection are united. Let us build; if we want them not, we can sell; and by that means replace our paper currency with ready gold and silver.

In point of manning a fleet, people in general run into great errors; it is not necessary that one-fourth part should be sailors. The Terrible privateer, captain Death, stood the hottest engagement of any ship last war, yet had not twenty sailors on board, though her complement of men was upwards of two hundred. A few able and social sailors will soon instruct a sufficient number of active landsmen in the common work of a ship. Wherefore we never can be more capable of beginning on maritime matters than now, while our timber is standing, our fisheries blocked up, and our sailors and shipwrights out of employ.

Men of war, of seventy and eighty guns, were built forty years ago in New England, and why not the same now? The great empires of the east are mainly inland, and consequently excluded from the possibility of rivalling her. Opposition to ratification "Anti-Federalism" was partly based on the Constitution's lack of adequate guarantees for civil liberties. Supporters of the Constitution in states where popular sentiment was against ratification including Virginia, Massachusetts, and New York successfully proposed that their state conventions both ratify the Constitution and call for the addition of a bill of rights.

In the 1st United States Congress , following the state legislatures' request, James Madison proposed twenty constitutional amendments based on state bills of rights and English sources such as the Bill of Rights , including an amendment requiring probable cause for government searches. Congress reduced Madison's proposed twenty amendments to twelve, with modifications to Madison's language about searches and seizures. By the time the Bill of Rights was submitted to the states for ratification, opinions had shifted in both parties. Many Federalists, who had previously opposed a Bill of Rights, now supported the Bill as a means of silencing the Anti-Federalists' most effective criticism.

Many Anti-Federalists, in contrast, now opposed it, realizing the Bill's adoption would greatly lessen the chances of a second constitutional convention, which they desired. On November 20, , New Jersey ratified eleven of the twelve amendments, including the Fourth. On December 19, , December 22, , and January 19, , respectively, Maryland, North Carolina, and South Carolina ratified all twelve amendments.

Virginia initially postponed its debate, but after Vermont was admitted to the Union in , the total number of states needed for ratification rose to eleven. Vermont ratified on November 3, , approving all twelve amendments, and Virginia finally followed on December 15, The Fourth Amendment, and the personal rights which it secures, have a long history. Wood , "After ratification, most Americans promptly forgot about the first ten amendments to the Constitution.

As federal criminal jurisdiction expanded to include other areas such as narcotics , more questions about the Fourth Amendment came to the U. Supreme Court. California , [33] because "[t]he security of one's privacy against arbitrary intrusion by the police" is "at the core of the Fourth Amendment" and "basic to a free society. United States , the Supreme Court held in Silverman v. United States that the Fourth Amendments core is the right to retreat into his own home and there be free from unreasonable governmental intrusion.

Municipal Court [35] the Supreme Court observed in Torres v. Madrid that the focus of the Fourth Amendment is the privacy and security of individuals, not the particular manner of arbitrary invasion by governmental officials. The effect of the Fourth Amendment is to put the courts of the United States and Federal officials, in the exercise of their power and authority, under limitations and restraints as to the exercise of such power and authority, and to forever secure the people, their persons, houses, papers, and effects, against all unreasonable searches and seizures under the guise of law. This protection reaches all alike, whether accused of crime or not, and the duty of giving to it force and effect is obligatory upon all intrusted under our Federal system with the enforcement of the laws.

The tendency of those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures and enforced confessions, the latter often obtained after subjecting accused persons to unwarranted practices destructive of rights secured by the Federal Constitution, should find no sanction in the judgments of the courts, which are charged at all times with the support of the Constitution, and to which people of all conditions have a right to appeal for the maintenance of such fundamental rights. Day in the Opinion of the Court in Weeks v. United States Fourth Amendment case law deals with three central issues: what government activities constitute "search" and "seizure;" what constitutes probable cause for these actions; how violations of Fourth Amendment rights should be addressed.

The Fourth Amendment has been held to mean that a search or an arrest generally requires a judicially sanctioned warrant , because the basic rule under the Fourth Amendment is that arrests and "searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable". The Supreme Court further held in Chandler v. Miller : "To be reasonable under the Fourth Amendment, a search ordinarily must be based on individualized suspicion of wrongdoing.

But particularized exceptions to the main rule are sometimes warranted based on 'special needs, beyond the normal need for law enforcement'. When such 'special needs' are alleged, courts must undertake a context-specific inquiry, examining closely the competing private and public interests advanced by the parties. Quon , the Court applied the amendment to a municipal government in its capacity as an employer, ruling that the City of Ontario had not violated the Fourth Amendment rights of city police officers by obtaining from the communications company and reviewing transcripts of text messages sent using government-provided pagers.

One threshold question in the Fourth Amendment jurisprudence is whether a "search" has occurred. Initial Fourth Amendment case law hinged on a citizen's property rights —that is, when the government physically intrudes on "persons, houses, papers, or effects" for the purpose of obtaining information, a "search" within the original meaning of the Fourth Amendment has occurred. Early 20th-century Court decisions, such as Olmstead v. United States , held that Fourth Amendment rights applied in cases of physical intrusion, but not to other forms of police surveillance e. United States , the Court stated of the amendment that "at the very core stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion".

Fourth Amendment protections expanded significantly with Katz v. While there was no physical intrusion into the booth, the Court reasoned that: 1 Katz, by entering the booth and shutting the door behind him, had exhibited his expectation that "the words he utters into the mouthpiece will not be broadcast to the world"; and 2 society believes that his expectation was reasonable. Justice Potter Stewart wrote in the majority opinion that "the Fourth Amendment protects people, not places".

This decision in Katz was later developed into the now commonly used two-prong test, adopted in Smith v. Maryland , [55] for determining whether a search has occurred for purposes of the Fourth Amendment: [56] [57]. The Supreme Court has held that the Fourth Amendment does not apply to information that is voluntarily shared with third parties. United States , individuals have a reasonable expectation of privacy under the Fourth Amendment regarding cell phone records even though they themselves turned over that information to "third parties" i.

Prior to the Carpenter ruling, law enforcement was able to retrieve cell site location information CSLI that included where a cell phone user had traveled over many months and with which other cell phone users they had associated. Carpenter v. United States serves as a landmark case because it slightly narrowed the Third Party Doctrine, thus requiring law enforcement to first obtain a search warrant before receiving CSLI records. Carpenter's reasonable expectation of privacy by acquiring this private information without a warrant.

Following Katz , the vast majority of Fourth Amendment search cases have turned on the right to privacy, but in United States v. Jones , the Court ruled that the Katz standard did not replace earlier case law, but rather, has supplemented it. The Court concluded that Jones was a bailee to the car, and so had a property interest in the car. The Court used similar "trespass" reasoning in Florida v.

Jardines , to rule that bringing a drug detection dog to sniff at the front door of a home was a search. In certain situations, law enforcement may perform a search when they have a reasonable suspicion of criminal activity, even if it falls short of probable cause necessary for an arrest. Under Terry v. Ohio , law enforcement officers are permitted to conduct a limited warrantless search on a level of suspicion less than probable cause under certain circumstances. In Terry , the Supreme Court ruled that when a police officer witnesses "unusual conduct" that leads the officer to reasonably believe "that criminal activity may be afoot", that the suspicious person has a weapon and that the person is presently dangerous to the officer or others, the officer may conduct a pat-down search "frisk" the person to determine whether the person is carrying a weapon.

To conduct a frisk, officers must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant their actions. Royer , such a search must be temporary, and questioning must be limited to the purpose of the stop e. The Fourth Amendment proscribes unreasonable seizure of any person, person's home including its curtilage or personal property without a warrant. A seizure of property occurs when there is "some meaningful interference with an individual's possessory interests in that property," [69] such as when police officers take personal property away from an owner to use as evidence, or when they participate in an eviction.

A seizure does not occur just because the government questions an individual in a public place. The exclusionary rule would not bar voluntary answers to such questions from being offered into evidence in a subsequent criminal prosecution. The person is not being seized if his freedom of movement is not restrained. His refusal to listen or answer does not by itself furnish such grounds. In United States v. Mendenhall , the Court held that a person is seized only when, by means of physical force or show of authority, his freedom of movement is restrained and, in the circumstances surrounding the incident, a reasonable person would believe he was not free to leave. Madrid , a person is considered to be seized following the use of physical force with the intent to restrain, even if the person manages to escape.

In Florida v. Bostick , the Court ruled that as long as the police do not convey a message that compliance with their requests is required, the police contact is a "citizen encounter" that falls outside the protections of the Fourth Amendment. When a person is arrested and taken into police custody, he has been seized i. A person subjected to a routine traffic stop on the other hand, has been seized, but is not "arrested" because traffic stops are a relatively brief encounter and are more analogous to a Terry stop than to a formal arrest. King , the Court upheld the constitutionality of police swabbing for DNA upon arrests for serious crimes, along the same reasoning that allows police to take fingerprints or photographs of those they arrest and detain.

The government may not detain an individual even momentarily without reasonable and articulable suspicion, with a few exceptions. In Delaware v. Prouse , the Court ruled an officer has made an illegal seizure when he stops an automobile and detains the driver in order to check his driver's license and the registration of the automobile, because the officer does not have articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or either the vehicle or an occupant is otherwise subject to seizure for violation of law.

Where society's need is great, no other effective means of meeting the need is available, and intrusion on people's privacy is minimal, certain discretionless checkpoints toward that end may briefly detain motorists. Martinez-Fuerte , the Supreme Court allowed discretionless immigration checkpoints. Sitz , the Supreme Court allowed discretionless sobriety checkpoints. Lidster , the Supreme Court allowed focused informational checkpoints. Edmond , the Supreme Court ruled that discretionary checkpoints or general crime-fighting checkpoints are not allowed.

Under the Fourth Amendment, law enforcement must receive written permission from a court of law, or otherwise qualified magistrate , to lawfully search and seize evidence while investigating criminal activity. A court grants permission by issuing a writ known as a warrant. A search or seizure is generally unreasonable and unconstitutional if conducted without a valid warrant [86] and the police must obtain a warrant whenever practicable. In these situations where the warrant requirement doesn't apply a search or seizure nonetheless must be justified by some individualized suspicion of wrongdoing.

Supreme Court carved out an exception to the requirement of individualized suspicion. It ruled that, "In limited circumstances, where the privacy interests implicated by the search are minimal and where an important governmental interest furthered by the intrusion would be placed in jeopardy by a requirement of individualized suspicion" a search [or seizure] would still be reasonable. The standards of probable cause [93] differ for an arrest and a search. The government has probable cause to make an arrest when "the facts and circumstances within their knowledge and of which they had reasonably trustworthy information" would lead a prudent person to believe the arrested person had committed or was committing a crime.

Evidence obtained after the arrest may not apply retroactively to justify the arrest. When police conduct a search, the amendment requires that the warrant establish probable cause to believe the search will uncover criminal activity or contraband. They must have legally sufficient reasons to believe a search is necessary. In Carroll v. United States , the Supreme Court stated that probable cause to search is a flexible, common-sense standard. United States that the term probable cause means "less than evidence that would justify condemnation," [98] reiterating Carroll ' s assertion that it merely requires that the facts available to the officer would "warrant a man of reasonable caution" in the belief that specific items may be contraband or stolen property or useful as evidence of a crime.

A "practical, non-technical" probability that incriminating evidence is involved is all that is required. Gates , the Court ruled that the reliability of an informant is to be determined based on the " totality of the circumstances. If a party gives consent to a search, a warrant is not required. There are exceptions and complications to the rule, including the scope of the consent given, whether the consent is voluntarily given, and whether an individual has the right to consent to a search of another's property. Bustamonte , the Court ruled that a consent search is still valid even if the police do not inform a suspect of his right to refuse the search. The Court stated in United States v. Matlock that a third party co-occupant could give consent for a search without violating a suspect's Fourth Amendment rights.

Randolph , the Supreme Court ruled that when two co-occupants are both present, one consenting and the other rejecting the search of a shared residence, the police may not make a search of that residence within the consent exception to the warrant requirement. Rodriguez , [] a consent search is still considered valid if police accept in good faith the consent of an "apparent authority," even if that party is later discovered to not have authority over the property in question. California , in which the Court held that police officers could not rely in good faith upon the apparent authority of a hotel clerk to consent to the search of a guest's room. According to the plain view doctrine as defined in Coolidge v.

New Hampshire , [] if an officer is lawfully present, he may seize objects that are in "plain view. In Arizona v. Hicks , the Supreme Court held that an officer stepped beyond the plain view doctrine when he moved a turntable in order to view its serial number to confirm that the turntable was stolen. Similarly, "open fields" such as pastures, open water, and woods may be searched without a warrant, on the ground that conduct occurring therein would have no reasonable expectation of privacy. The doctrine was first articulated by the Court in Hester v. United States , which stated that "the special protection accorded by the Fourth Amendment to the people in their 'persons, houses, papers, and effects' is not extended to the open fields.

In Oliver v. United States , [] the police ignored a "no trespassing" sign and a fence, trespassed onto the suspect's land without a warrant, followed a path for hundreds of feet, and discovered a field of marijuana. The Supreme Court ruled that no search had taken place, because there was no privacy expectation regarding an open field:. There is no societal interest in protecting the privacy of those activities, such as the cultivation of crops, that occur in open fields. While open fields are not protected by the Fourth Amendment, the curtilage , or outdoor area immediately surrounding the home, is protected. Courts have treated this area as an extension of the house and as such subject to all the privacy protections afforded a person's home unlike a person's open fields under the Fourth Amendment.

The curtilage is "intimately linked to the home, both physically and psychologically", and is where "privacy expectations are most heightened. An area is curtilage if it "harbors the intimate activity associated with the sanctity of a man's home and the privacies of life. This license extends to the police, who have the right to try engaging a home's occupant in a " knock and talk " for the purpose of gathering evidence without a warrant. However, they cannot bring a drug detection dog to sniff at the front door of a home without either a warrant or consent of the homeowner or resident.

Law enforcement officers may also conduct warrantless searches in several types of exigent circumstances where obtaining a warrant is dangerous or impractical. Ohio police are permitted to frisk suspects for weapons. United States to preserve evidence that might otherwise be destroyed and to ensure suspects were disarmed. United States , [96] the Court ruled that law enforcement officers could search a vehicle that they suspected of carrying contraband without a warrant. California on the grounds that the time to obtain a warrant would allow a suspect's blood alcohol content to reduce, [] [] although this was later modified by Missouri v.

McNeely Hayden provided an exception to the warrant requirement if officers were in "hot pursuit" of a suspect. A subset of exigent circumstances is the debated community caretaking exception. The Supreme Court has held that individuals in automobiles have a reduced expectation of privacy, because 1 vehicles generally do not serve as residences or repositories of personal effects, and 2 vehicles "can be quickly moved out of the locality or jurisdiction in which the warrant must be sought.

Items in plain view may be seized; areas that could potentially hide weapons may also be searched. With probable cause to believe evidence is present, police officers may search any area in the vehicle. However, they may not extend the search to the vehicle's passengers without probable cause to search those passengers or consent from the passengers. Virginia , [] the Court ruled that the motor vehicle exception did not apply to searches of vehicles parked within a residence's curtilage. Gant , [] the Court ruled that a law enforcement officer needs a warrant before searching a motor vehicle after an arrest of an occupant of that vehicle, unless 1 at the time of the search the person being arrested is unsecured and within reaching distance of the passenger compartment of the vehicle or 2 police officers have reason to believe evidence for the crime for which the person is being arrested will be found in the vehicle.

A common law rule from Great Britain permits searches incident to an arrest without a warrant. This rule has been applied in American law, and has a lengthy common law history. Supreme Court ruled that "both justifications for the search-incident-to-arrest exception are absent and the rule does not apply" when "there is no possibility" the suspect could gain access to a weapon or destroy evidence. United States , the Supreme Court held that "a search or seizure without a warrant as an incident to a lawful arrest has always been considered to be a strictly limited right.

It grows out of the inherent necessities of the situation at the time of the arrest. But there must be something more in the way of necessity than merely a lawful arrest. Rabinowitz , the Court reversed Trupiano , holding instead that the officers' opportunity to obtain a warrant was not germane to the reasonableness of a search incident to an arrest. Rabinowitz suggested that any area within the "immediate control" of the arrestee could be searched, but it did not define the term. California , the Supreme Court elucidated its previous decisions. It held that when an arrest is made, it is reasonable for the officer to search the arrestee for weapons and evidence.

California , the Supreme Court ruled unanimously that police must obtain a warrant to search an arrestee's cellular phone. Searches conducted at the United States border or the equivalent of the border such as an international airport may be conducted without a warrant or probable cause subject to the border search exception. Customs and Border Protection plenary search authority.

However, searches that intrude upon a traveler's personal dignity and privacy interests, such as strip and body cavity searches, must be supported by "reasonable suspicion". Courts of Appeals for the Fourth and Ninth circuits have ruled that information on a traveler's electronic materials, including personal files on a laptop computer, may be searched at random, without suspicion. The Supreme Court decision in United States v. District Court [] left open the possibility for a foreign intelligence surveillance exception to the warrant clause. Despite the foregoing citation the Fourth Amendment prohibitions against unreasonable searches and seizures nonetheless apply to the contents of all communications, whatever the means, because, "a person's private communications are akin to personal papers.

Earls [] when 'special needs', beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable the reasonableness of a search is determined by balancing the nature of the intrusion on the individual's privacy against the promotion of legitimate governmental interests. Lidster [] the Court explained in judging reasonableness it looks to "the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the interference with individual liberty".

In New Jersey v. California , the Court ruled that government offices may be searched for evidence of work-related misconduct by government employees on similar grounds. Redding , [] the Court ruled that school officials violated the Fourth Amendment when they strip searched a student based only on another student's claiming to have received drugs from her. One way courts enforce the Fourth Amendment is through the use of the exclusionary rule. The rule provides that evidence obtained through a violation of the Fourth Amendment is generally not admissible by the prosecution during the defendant's criminal trial. United States [] that the rule's function "is to deter—to compel respect for the constitutional guaranty in the only effectively available way—by removing the incentive to disregard it.

The Court adopted the exclusionary rule in Weeks v. United States , [] prior to which all evidence, no matter how seized, could be admitted in court. United States [] and Nardone v. United States , [] the Court ruled that leads or other evidence resulting from illegally obtained evidence are also inadmissible in trials. Justice Felix Frankfurter described this secondary evidence in the Nardone decision as the " fruit of the poisonous tree ".

Colorado , [] but Wolf was explicitly overruled in Mapp v. Ohio , [37] making the Fourth Amendment including the exclusionary rule applicable in state proceedings. The exclusionary rule and its effectiveness have often been controversial, particularly since its application to state proceedings. Critics charge that the rule hampers police investigation and can result in freeing guilty parties convicted on reliable evidence; other critics say the rule has not been successful in deterring illegal police searches.

Proponents argue that the number of criminal convictions overturned under the rule has been minimal and that no other effective mechanism exists to enforce the Fourth Amendment. Since , the Supreme Court has repeatedly limited the exclusionary rule. Calandra , [] the Court ruled that grand juries may use illegally obtained evidence when questioning witnesses, because "the damage to that institution from the unprecedented extension of the exclusionary rule outweighs the benefit of any possible incremental deterrent effect. Evans [] and Herring v. United States , [] the Court ruled that the exclusionary rule does not apply to evidence found due to negligence regarding a government database, as long as the arresting police officer relied on that database in "good faith" and the negligence was not pervasive.

United States , [] the Court ruled that the exclusionary rule does not apply to a Fourth Amendment violation resulting from a reasonable reliance on binding appellate precedent. Strieff , [] the Court ruled that evidence obtained from an unlawful police stop would not be excluded from court when the link between the stop and the evidence's discovery was "attenuated" by the discovery of an outstanding warrant during the stop. The Supreme Court has also held the exclusionary rule to not apply in the following circumstances:.

On December 16, , in Klayman v. Obama , a United States district court ruled that the mass collection of metadata of Americans' telephone records by the National Security Agency probably violates the Fourth Amendment. The court stayed the ruling pending a government appeal, recognizing the "significant national security interests at stake in this case and the novelty of the constitutional issues. However, in ACLU v.

Clapper , a United States district court ruled that the U. The court concluded that the telephone data being swept up by NSA did not belong to telephone users, but to the telephone companies. Also, the court held that when NSA obtains such data from the telephone companies, and then probes into it to find links between callers and potential terrorists, this further use of the data was not even a search under the Fourth Amendment, concluding that the controlling precedent is Smith v.

Maryland , saying "Smith's bedrock holding is that an individual has no legitimate expectation of privacy in information provided to third parties. From Wikipedia, the free encyclopedia. Voting Rights. Drafting and ratification timeline Convention Signing Federalism Republicanism. Main article: United States Bill of Rights. Main article: Probable cause. Main article: Consent search. Main articles: Plain view doctrine and Open-fields doctrine. Main article: Exigent circumstance. Main article: Motor vehicle exception. Main article: Searches incident to a lawful arrest. Main article: Border search exception. Main article: Exclusionary rule. See also: Global surveillance disclosures —present , Upstream collection , Mass surveillance , and Targeted surveillance. Retrieved July 1, October 30, FDCC Quarterly.

Gonzaga Law Review. Archived from the original PDF on January 15, Retrieved January 8, Encyclopedia of the American Constitution. Archived from the original on September 21, Retrieved July 27, Bowling and Donald R. National Archives. Archived from the original on April 4, Retrieved April 4, Retrieved July 16, United States, U. March 6, Retrieved January 26, Martinez-Fuerte, U. July 6, Retrieved August 9, Quon , S. California, U. June 20, Retrieved September 3, Colorado, U. June 27, Municipal Court, U. June 5, Retrieved April 10,

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