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Peer Review 2 - Presley
Criminal Justice Research and Writing (Liberty
University)
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A REVIEW OF THE FOURTH AMENDMENT
A Review of The Fourth Amendment
Liberty University
Seth Chambers
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Abstract
This article is a review of the Fourth Amendment along with the cases and arguments that built
it into what it is today. The Fourth Amendment has always been controversial, with many cases
bearing the responsibility of upholding the constitutional rights of those who are convicted.
Although God is the ultimate ruler who upholds the final judgment, the government’s role is to
uphold God’s commands. This paper will investigate various Supreme Court cases such as Terry
v. Ohio and Mapp v. Ohio. Additionally, it will evaluate them and address ways the Fourth
Amendment should have been applied or not applied. Therefore, the court's decisions allow law
enforcement agencies to be more efficient in their work and in their administration. Moreover,
this paper will also observe various details about reasonable length. Thus, will answer questions
such as, what can be used as reasonable to conduct a Terry stop? As well as what the causes are
of today’s society for warrantless investigations. Most of the questions that will be answered in
this paper will also expand upon the application of the Fourth Amendment from past, present,
and future cases within the United States of America.
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Fourth Amendment and its History
The Fourth Amendment has a vast history on why it was created and enforced here in the
United States. Before the United States was a nation, the English have enforced laws very
similar to the Fourth Amendment. This aroused in 1603 when the Saman Case occurred. In this
case, the event that took place was the King's agents invaded a man’s home without probable
cause or a warrant. This case is significant because it was the first recorded account of an illegal
search and seizure. Yet, the most famous case that can be related to the history of the Fourth
Amendment is Entick v. Carrington. When this occurred, Entick sued the King's agents for
breaking into his home for searching and seizing his own papers, documents, and property
without consent. In the United States, the Fourth Amendment was created along with the other
amendments to protect the rights of American citizens after the American revolutionary. (Loewy
et al., 2010).
The Fourth Amendment Meaning
Many Americans do not understand the meaning of the Fourth Amendment. The Fourth
Amendment 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 of affirmation, and particularly describing
the place to be searched, and the persons or things to be seized.” (U.S. Const. amend.
IV).
This amendment was applied to Congress in 1789. This allowed citizens of the newly created
nation to be secure in their homes with their newly founded liberties. Except, in the case where a
judge or magistrate decides that a warrant is needed to search or seize something that is inflicting
crime or dismantling public safety. In a search warrant, every item searched must be written
down and documented in order to be a legal search under the constitution. The exclusionary rule
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was created to enforce this amendment after the case Weeks v. United States. Hence, in history,
there has been cases where the police and government have abused their power of this
amendment. Causing the courts to review the cases and deeming a majority of them
unconstitutional. Thus, the Fourth Amendment is the proper way to ensure the protection of
Americans’ rights, privacy, and security. As John Marshall stated, “It may be added, that the term
‘probable cause,’ according to its usual acceptation, means less than evidence which would
justify condemnation… it imports seizure made under circumstances which warrant suspicion”
(Locke v. United States, 1813).
Literature Review
Studies of the Fourth Amendment have asked many questions and introduced many
points into view. Some of these questions are on police efficiency, determining reasonable
length, stop and frisk, warrantless investigations, and administrative governance. Richard’s
(2012, p. 276) research shows that police efficiency is important to uphold the Fourth
Amendment. It is in the power of law enforcement agencies to uphold these rights which can fall
into the hands of the administration. Renan et al. (2016, p.1064). explains how crucial it is to
include the Fourth Amendment in the administration. This is a foundation to protect oneself and
others by upholding their right to privacy.
Bajaj (2009, p.456). explains that while many stops are constitutional, there are occasions
where police will use racial discrimination or a criminal record to abuse the Fourth Amendment
and unconstitutionally search property without probable cause. Petronella et al. (1968, p. 1072)
uses the Terry case as an example where police have abused the “Stop and Frisk” in an
unconstitutional way and without probable cause. This missing probable cause brought the term
reasonable suspicion. Kulowiec et al. (1985, p.693) further discusses how a stop needs to be
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valid and have a reason. Meaning, that it determines the reasonable length of a Terry stop.
Therefore, Terry stops are unconstitutional without probable cause.
Stop and Frisk under the Fourth Amendment
Origins of the Stop and Frisk, LAPD 1930s
Where did the controversy of the “Stop and Frisk” begin? In the 1930s, the Los Angles
Police Department started using the stop and frisk after a crime has occurred to search everyone
in the area in order to find the person or persons who have committed the crime. Although
during this period of time the stop and frisk were mainly used on African American’s while
protesting was occurring throughout Los Angles. During this period police would use racial slurs
and violence to search these men who have the same rights as any other American. Smith et al.
(2006, p.1035-1064)
NYPD 1930s
The New York City Police Department also was doing these unconstitutional stops and
frisks to their citizens. The New York City Police Department was also seen using excessive
force and racial slurs during these years. This brought the idea of the better need of protecting
Americans rights. Browning et al. (2021, p.298-316)
Terry v. Ohio
Terry v. Ohio (1961) is one of the most famous stops and frisk cases in the United States.
John W. Terry was convicted in the Cuyahoga County Common Pleas Court for illegally
carrying concealed weapons in violation of Ohio law. His conviction was obtained based on
“Stop and Frisking” because he looked suspicious. The United States Supreme Court was
involved in this case for the violation of his rights under the Fourth Amendment. The Supreme
Court upheld the
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conviction for the bias of the officer’s safety. This has caused much controversy while the Fourth
Amendment was created to protect our privacy. Some argue that the arrest was lawful and
justifiable to protect the Officers safety. Others argue that this illegal stop and frisk should have
never happened. In Criminal convictions, any evidence that is found or seized through an
unreasonable search and seizure is negligent and is in violation of the Fourth Amendment Stop
and frisks are illegal under the constitution and the rights of Americans need to be upheld.
Another point that has come into the Court system in recent years, is the revise the Fourth
Amendment in a new way that is better fitted for the rapidly growing technology.
Determining Reasonable Length
Determining the reasonable length of a stop and frisk can be argumentized and a hot
topic point as there are many different points of view and opinions on what is reasonable.
Terry Stops
In United States v. Sharpe (1985), the Supreme Court talked about how these stops
should only be around twenty minutes long. Kulowiec et al. (1985) said, “However, choosing a
standard to determine the reasonable limits of the duration of a Terry stop on the basis of the
needs of law enforcement is contrary to the underlying intention of Terry v. Ohio.” (p. 1026)
Warrantless Stops
Bajaj (2009) Explains, “While many stops are constitutional, there are occasions where
police will use racial discrimination or a criminal record to abuse the Fourth Amendment and
unconstitutionally look into their property without probable cause.” (p. 348). This is an example
of going over probable cause and reasonable length.
Police efficiency
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Upholding the Rights
Police in recent years has been having issues with efficiency. Efficiency in the law
enforcement world can make a huge difference. Many courts and law enforcement agencies have
misunderstood the Fourth Amendment causing the American people to become against the
police. This is a major point that needs to change. Richardson et al. (2012) stated, “Police
departments are already experimenting with new internal structures that have improved police
citizen interactions. Furthermore, there is evidence that police officers may be open to the
suggestions contained in this Article.” (p. 1182) Police officers need to be more efficient and
have probable cause rather than reasonable suspicion. Without the use of probable cause, it is an
unconstitutional stop.
Conducting more training
Police officers train many days a year in order to stay educated on the laws and the way
to receive and perceive a situation. Richardson et al. (2012) stated that “Yet, even without this
evidence, courts are encouraged to allow officers to draw on their own experience and
specialized training to make inferences from and deductions about the cumulative information
available to them.” (p. 1160). Police officers go through many different forms of training to
prepare them for this sinful world. These officers do this to stay on top of their work to perform
to the best of their God-given abilities. Although like all men, we can fall short from work in the
same way that we fall short from the glory of God.
Administrative Governance
The Fourth Amendment and administration are connected. They connect by the
understanding of one cannot be without the other. Administrative governance is the belief in
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achieving systematic governance. Renan (2016) said “While our Fourth Amendment framework
is transactional, then, surveillance is increasingly programmatic. Rather than responding to a
single investigatory incident, the system of searches is designed in masses.” (p. 1042). The
Fourth Amendment needs to be revised in a way to handle the growing boom of technology to
protect our privacy. As technology advances government agencies and local law enforcement
have used technology to gather intelligence and find information about a person of interest. This
raises the question, does this fall under the Fourth Amendment to protect the security and
privacy of Americans through technology? The Fourth Amendment has to be revised to fix this
issue regarding new technology and how far these agencies can go to search into their data.
programmatic surveillance can be against the Fourth Amendment. As Renan et al. (2016)
explained, “Programmatic surveillance disrupts the legal categorizations around which our
transactional Fourth Amendment law is organized.” (p. 1042). In the United States, Americans
have rights that protect them from this unlawful use of surveillance. These are prime examples of
oversteps in the Fourth Amendment.
Biblical Worldview
The passage that was chosen was Romans 13:1-2 is a letter from Paul. This passage was
a letter written by Paul to the Gentile believers in Rome. Which the letter was about how to only
obey God’s authority and not the roman or pagan authority. This verse is about how God is the
Almighty with the highest authority. It shows that God is the one true judge of the people of the
world and all who live are instituted by God. God is the only one with the authority to approve
who is good or bad.
Let every soul be subject unto the higher powers. For there is no power but of God the
powers that be are ordained of God. Whosoever, therefore, resisteth the power, resisteth
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the ordinance of God: and they that resist shall receive to themselves damnation. (King
James Version, 1611, Romans 13:1-2)
Almost like if you commit a crime, you can be convicted by a judge. By being convicted you are
open to law enforcement and have no secrecy. As God with his authority, he can see through
everything and know if one deserves the wrath. God is all-knowing, unlike the Government
where we have the Fourth Amendment to protect our privacy. I can use this verse to show that
even though we have the Fourth Amendment to protect ourselves, God is the true protector and
God is the real authority over all things, not the government.
Conclusion
Lastly, the Fourth Amendment needs to be updated to relate and be relevant to the recent
years with the boom of technology and the fall of police efficiency. Studies in the Fourth
Amendment have asked many questions and brought many points into view. Some of these
questions are police efficiency, determining reasonable length, stop and frisk, warrantless
investigations, and administrative governance. Without God, none of these things can be
answered because God is the only truth. Which these still can be answered, Determining the
reasonable length of a stop and frisk can be argumentized and a hot topic point as there are many
different points of view and opinions on what is reasonable Although, after being convicted you
are open to law enforcement and have no secrecy. As God with his authority, he can see through
everything and know if one deserves the wrath. God is all-knowing, unlike the Government
where we have the Fourth Amendment to protect our privacy.
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References
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109(2), 309-349. http://ezproxy.liberty.edu/login?url=https:// www.jstor.org/stable/
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Petronella, R. L. (1968) “Stop and Frisk” Under the Fourth Amendment: Terry and Sibron.
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U.S. Const. amend. IV (1791)
