The British government authorized search and seizures in colonial times to be an arbitrary action. Being a country with a strong constitution, the USA is required to protect the rights of its citizens. The forcible conducts of government agencies harm the fundamental rights of the citizen. In the case of search and seizures, the right to privacy came into question. Being the primary aspect of an investigation, search and seizure are aimed at public safety. U.S. courts approached the amendment differently in cases. The requirement of warrant, oath, and affirmation was mentioned under the amendment, and some exception makes warrantless search valid. The scopes of the amendment were lively and differed according to the factual circumstance of cases.
The Fourth Amendment to the U.S. Constitution
The U.S. constitution is one of the most robust regulatory guides, yet it tries to fairly govern the rights of a citizen by limiting its power. To protect the rights of USA citizens and their liberty, the U.S. constitution placed the fourth amendment in 1791. Violation of privacy was intrigued by the British government since colonial times. The fourth amendment acts to eradicate all those harsh procedures taken by governments in colonial times. At that time, warrants were issued, but they had no control of the extent of search and seizures. There was no reasonable standard of action mentioned by the authorities. Various courts determined the unreasonable searches. The reasonability was decided by two factors, the rate of public safety and the rights under the fourth amendment. The disputes were accorded to the warrantless search and seizure, yet there were valid ones without warrants. Therefore, the question was raised and flowed in various judgments. The amendment aimed at protecting the privacy of Americans. The constitutional democracy placed limitations on the action of police personals.
Search and Warrant Under the Fourth Amendment
The fourth amendment mentioned that unreasonable searches are void. Hence, the actions of government authorities were limited up to reasonable searches. The violation of the fourth amendment will be upon the searches by government agencies, especially police officers. The search should be state action. The fourth amendment says it is reasonable when a government agent searches a warrant. More specifically, the warrant must contain an oath or affirmation and include the description of the search place and the article of seizure. As per the court findings, the ratio of reasonableness varies from case to case. Moreover, the case thing more specifically justifies the reasonableness of the warrant requirement, and it only represents the state’s action to keep the law intact.
While U.S. Supreme Court has noted, the requirement of warrants differs from case to case. It should be noted here that there are few exceptions to the requirement of a warrant of searches and seizures. These exceptions include search in case of lawful detention, search with the person’s consent, search in the vehicle with sunset, search in the border and airports, and search in the building of a fled suspect. The reasonable search and warrant requirement is the liveliest construction of the U.S. constitution in the fourth amendment. It tried to draw a balance between citizens’ right to privacy under democracy and government rulings to adhere to the law.
U.S. court has taken the fourth amendment differently from case to case approach. The question “whether a search is reasonable” depends on the facts and circumstances of a case. Under the fourth amendment, the term “people” was defined by the judiciary as “the person with sufficient connection with the united state, or having the nationality of United States.” Therefore the amendment rules apply to U.S. citizens and aliens having a valid connection with the USA. Search and seizure by U.S. agents over nonresidents do not fall under the ambit of the fourth amendment search and seizure rules. In the case of “Payton v. New York, 445 U.S. 573 (1980)”,the U.S. court explained the unreasonableness of search without a warrant. However, the exceptions can make a warrantless search valid under the fourth amendment. In the case of Davis v. the United States, 328 U.S. 582 (1946), an exception to warrant requirement was discussed. It was noted that if a person gives consent to the government agent for the required search, there is no warrant requirement.
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