Why Is The Fourth Amendment Important

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Sherrell Lester Joseph McCrea Criminal Law and Procedure 24 November 2010 The Fourth Amendment In the fast-paced world that we live in today, the law plays a crucial, yet vital role in our lives. One of the most notorious laws that we know of, would have to be the Fourth Amendment of the Bill of Rights. The Fourth Amendment of the United States is the part of the Bill of Rights which guards against unreasonable searches and seizures. Whether we want to take note of this law or ignore this amendment, this amendment will always be a foundation for the Bill of Rights. The Fourth Amendment to the United States Constitution was adopted in 1791 with the purpose of ensuring that a bubble of privacy would surround each and every American…show more content…
General warrants allowed the king of England (or his representatives) extensive permission to search homes and businesses. These general warrants authorized the bearer to enter any house or other place to search for and seize prohibited and unaccustomed goods. In this scenario, governmental agents were allowed to search private premises, without providing any specifics about the place to be searched or the things to be seized. This means that there were essentially no limits on what private building a governmental agent could search, or what he could look for and seize, providing he had one of these general warrants. This concept was offensive to the founding fathers of the United States. Consequently, the Fourth Amendment was created so that in a post-colonial America, people would be free from unreasonable and unfounded searches and…show more content…
United States, (1984), the Supreme Court ruled that evidence illegally found without a search warrant is admissible if the evidence is later found and legally seized based on information independent of the illegal search. In Nix v. Williams, (1984), the Supreme Court ruled that evidence illegally seized without a search warrant is admissible if the prosecution can prove the evidence would have been found and seized by legal means not based on evidence or information illegally seized. Over the last decade, courts adjudicated whether the government can access evidence of illegal activity stored on digital technology without violating the Fourth Amendment. Many cases discuss whether incriminating evidence stored by an employee in workplace computers is protected under the reasonable expectation of privacy. In a majority of cases, employees do not have a reasonable expectation of privacy for electronic communications at work. However, one federal court held that employees can assert the attorney-client privilege with respect to certain communications on company

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