Dating back to 1774 when the United States was first established, trying to develop a basic functional government was not easy. First governed by the Continental Congress the U.S. was governed through a compact known as, the Articles of Confederation. The Articles created a weak central government that forced the U.S. to make a change. Holding the constitutional convention in 1787, they planned to establish a more powerful central government. At the convention they deliberated on a draft that went into effect in 1789 that became known as the United States Constitution. .
The Constitution is a very important document that was adopted over two centuries ago and is still in existence. The Supreme Court interprets the Constitution as a basis for our laws. It does have its flaws and that's because it was written so many years ago. However, it was written to meet the needs of changing times. A major issue of the Constitution that strongly affects us today is found under the Bill Of Rights: Specifically, The Fourth Amendment:.
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 was written to protect citizens from unreasonable or illegal searches and seizures, which would violate our personal right to privacy. The Amendment was written to eliminate general search warrants but that didn't work because authorities had no power to act on probable cause alone. The only way authorities were covered was through warrants, hot pursuits, vehicle searches, and after an arrest. There is a problem in the way the Amendment is written. It is not specific and allows many ways to be interpreted. Courts have found that the amendment does not define searches or seizures nor does it give specific limitations or directions in that matter.
