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Fourth amendment rights

 

            The fourth amendment provides us with protection of privacy where we are protected from unwarranted searches of our home. The fourth amendment to the U.S. Constitution reads: "The right of the people to be secure in their persons, house, 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." Like other amendments that constitute the Bill of Rights, it was written and ratified to protect the citizenry against overweening government, but none of those amendments is self-enforcing. Much of the debate surrounding the enforcement of the Fourth Amendment has focused on the so-called exclusionary rule--on whether it is wise or constitutionally necessary. Under that rule, evidence obtained in violation of the Fourth Amendment is ordinarily inadmissible in a criminal trial. A quick example will illustrate how the rule operates. If a policeman got a tip that a particular person was a drug dealer, the officer might launch an investigation to determine if the allegation was true. However, if he decided to break into the suspect's home without a search warrant, his effort would be for naught. Even if the officer found drugs on the kitchen table, that evidence would be useless because the suspect's attorney could demand that the trial judge bar its admission as being illegally obtained. Without that evidence, prosecutors would be unable to prove a crime had occurred. The case of Minnesota v. Carter in 1997 was based on a similar scenario. Supreme Court Chief Justice William H. Rehnguist took on a majority opinion on the Carter case and stated that the men had little reason to expect to be given the same privacy they are accustomed to receive at home when they are at another person's home.


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