Fourth Amendment

Definition

The Fourth Amendment to the United States Constitution states: “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.” This amendment guarantees Americans a level of privacy and protection from undue government intrusion. The Supreme Court usually considers Fourth Amendment cases starting with a basic question, “Was there a search or a seizure?” If so, the Court must ask whether the search or seizure was reasonable. If not, then the search or seizure violates the Fourth Amendment.

Example

Questions

1. What does The Fourth Amendment protect?

2. Who does The Fourth Amendment protect?

3. From what does The Fourth Amendment protect Americans?

4. Are there occasions when search and seizure is legal/constitutional?

5. Do you think the United States would be better off without The Fourth Amendment?

6. Some say that The Fourth Amendment only protects guilty people so we should get rid of it. What do you think of this argument?

7. Use The Fourth Amendment in a sentence of your own design or select an emoji that encapsulates the meaning of The Fourth Amendment.

8. In the 1961 case: Mapp v. Ohio, the Supreme Court established the exclusionary rule which limited the powers of the government/police and increase the privacy protection of Americans. Has the recent Supreme Court increase or decreased privacy rights?

9. If you had to rank the 10 amendments of the Bill of Rights from most to least important, where would The Fourth Amendment rank?

10. Identify the most important Fourth Amendment cases you have studied this year.

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw The Fourth Amendment! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

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Further Review

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