4th AmendmentThe 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.~Key Definitions~
- Secure- 1- Free from fear or doubt; easy in mind. 2- Free from danger or risk. 3- Kept safe or defended from danger or injury or loss. 4- Not likely to fail or give way.
- Persons- 1- A human being. 2- A human body (usually including the clothing)
- House- 1- A dwelling that serves as living quarters for one or more families.
- Papers- 1- A material made of cellulose pulp derived mainly from wood or rags or certain grasses. 2- Writing that provides information.
- Effects- 1- Property of a personal character that is portable but not used in business. 2- The central meaning or theme of a speech or literary work.
- Unreasonable- 1- Not reasonable; not showing good judgment. 2- Beyond normal limits.
- Search- 1- The activity of looking thoroughly in order to find something or someone. 2- An investigation seeking answers. 3- Try to locate or discover, or try to establish the existence of. 4- Subject to a search.
- Seizure- 1- The act of forcibly dispossessing an owner of property. 2- The act of taking of a person by force. 3- The taking possession of something by legal process.
- Warrants- 1- A writ from a court commanding police to perform specified acts. 2- Formal and explicit approval.
- Probable Cause- 1- (law) evidence sufficient to warrant an arrest or search and seizure.
- Oath- 1- A commitment to tell the truth (especially in a court of law); to lie under oath is to become subject to prosecution for perjury
- Affirmation- 1-A statement asserting the existence or the truth of something.
This seems to be a highly debated topic in todays modern world... But where exactly is the line, where do you have security and protection from the ever watchful eyes of Big Brother? Are we all Guilty until innocence is PROVEN, or are we Innocent until Guilt is Proven?
The 4th amendment makes reference to
EVIDENCE (Probable Cause) of the existence of "something" to be looking for
BEFORE the a Search for that particular item, or thing. Not simply Searching For Evidence of wrong doing...
- Is a Stereotype Probable Cause?
- Probable Cause makes reference to Evidence before the act of a search... Is it legal to "Search" for evidence before any real Probable Cause is sufficient to warrant that particular Search?
- Are "Roving Wiretaps" a violation of the 4th amendment. As there is no real Evidence to Data mine or listen in on phone calls on random people?
- Are you Guilty until you can PROVE your innocence, or are you Innocent until your Guilt is proven?
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