The Fourth Amendment: Right to Be Secure

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Wang Ngai Ng, Tony Patricia Mesch English 201 HYA 08 October, 2012 The Fourth Amendment: Right to Be Secure The Fourth Amendment law disturbs many judges and scholars and protects the U.S citizens’ right of privacy from invasion. Today, the topic of privacy is frequently and heatedly discussed. As a person who lives under the flag of the 4th Amendment, we need to know this amendment better, to know the histories behind it, the evolvements of its interpretation and how it plays the role in Supreme Court. To know more about the amendment, one must be familiar with its historical background. The English common law is one of the elements contributing to the Bill of Rights. According to The Birth of The Bill Of Rights written by Robert Allen Rutland, the principle of rights of protection from the searches and seizures first existed in English common law, and later it found its way to the U.S. Constitution (10-13). The first record in English common law of search and seizure protection was Semayneâs’ case in 1603. In 1756, the colony of Massachusetts passed legislation that restrained the use of general warrants. This represented the first law in curtailing the use of seizure power in American history. Later in 1776, George Mason's Virginia Declaration of Rights, which the Declaration of Independence took references from, included prohibitions against general warrants that did not specify probable cause or exactly what was to be searched for (Rutland, 231). According to Rutland, many anti-Federalists opposed the Constitution because it gave federal government too much power and it was a threat to individual rights, James Madison made and kept a compromise with anti-Federalists by proposing to the First Congress twenty amendments to be added to the Constitution on June 8, 1789. One of these amendments, which dealt with search and seizure laws, eventually became what

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