Running head: THE FOURTH AMENDMENT CONSTITUTIONAL CHANGE 1
The Fourth Amendment Constitutional Change
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THE FOURTH AMENDMENT CONSTITUTIONAL CHANGE 2
The Fourth Amendment Constitutional Change
The United States constitution is one of the most significant constitutions in the world.
The United States of America Constitution details the laws that provide all accepted activities
and those not allowed. As a result, the constitution determines the roles played by the arms of
the governments and that played by politicians in the running of the country. The United States
Constitution was first written in 1787 (United States Senate, 2020). It was written by lawyers
who helped identify the issues considered legal and those regarded as illegal. Later on, the
constitution was signed into a formal contract in 1788 (United States Senate, 2020). After the
formalization of the constitution, it began its entire operation in 1789, whereby it began dictating
the rules of issues regarded as legal and those considered illegal. This makes it one of the
constitutions that have served for a longer time globally. Therefore, the United States
constitution dictates the roles of the executive, judiciary, and the legislative arms of the
government. However, since the United States constitution began full operation in 1789, specific
significant changes have taken place in the constitution, making it one of the most significant
constitutions worldwide. Therefore, the most significant constitutional change to have taken
place in the United States constitution is the fourth amendment change.
The fourth amendment refers to the change in the U.S. constitution to give people extra
protection from the government conducting searches that are not reasonable. This amendment
dictates that American citizens have the right to privacy. Therefore, government agencies and
other agents are not allowed to conduct illegal searches on United States citizens. However, the
fourth amendment is one of the most technical areas of conflict in the United States constitution.
It dictates terms regarding the safety of the American people at their homes, cars, schools, and
themselves (United States Court, n.d.).
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Moreover, the fourth amendment implies that every individual should not be disturbed by
government agents while at their home. Therefore, any searches conducted on people's homes
without having a court order is considered illegal. This right also protects people from wrongful
arrests, unreasonable frisking, and wrongful conduct of surveillance activities (Cornell Law
School, n.d.). This makes it a significant change to the American constitution.
Before the fourth amendment change came about, many Americans were manipulated by
the government agencies such as the police and other federal officers. Some state agents, for
instance, conducted unlawful searches on people's homes without following proper channels. As
a result, cases of graft and corruption increased in the county. The increase in such cases was
because corrupt agents of the federal governments were driven by racial bias; therefore, they
conducted illegal searches on people's homes even if they are not suspects. This further increased
the racial discrimination in the U.S. due to the increased arrest of the minorities in America. For
instance, some police officers stopped innocent black people and other minorities on the highway
and treated them as criminals. Due to the manipulation of the American people caused by the
lack of laws protecting them, the fourth amendment came about. This amendment brought about
significant changes in protecting the American people from illegal searches and stops on the
highway.
One of the issues discussed under the fourth amendment constitutional change was
providing safety for the American people while at their homes. The fourth amendment considers
the home as a safe place whereby no government official or police are not allowed access
without one's permission. The fourth amendment dictates that the police and federal agents must
have probable cause before conducting searches on the homes of the American people. A
probable cause is a term used in the fourth amendment of the United States constitution to refer
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to circumstances that the government must meet before receiving a warrant from a court (Cornell
Law School, n.d.). It states that for the state officials to obtain an official search warrant on a
person's home, the police and all those involved must provide a good reason for conducting the
search (Cornell Law School, n.d.). This means that the person whose homestead should be
searched must be directly involved in criminal activity and is therefore considered a suspect.
Secondly, the constitutional change provided by the fourth amendment dictates that
searches on vehicles of people must also come with a warrant. This means that whenever an
individual is driving, the police can stop them but cannot conduct searches on their cars without
probable cause. A probable cause, in this case, refers to any factor that may be seen as a valid
reason to consider that one is involved in criminal activity (Justia US Law, n.d.). Therefore, the
police can conduct searches on vehicles when they believe that the car has contraband items in it.
The people in the car are criminals holding a person hostage or, in any case, where a person's life
is in danger. Therefore, the police must be vigilant and have highly trained sniffer dogs to detect
contraband items accurately. The law also states that searches should not be conducted just
because the police officer suspects the person. Therefore, there must be a concrete reason for the
investigation to be undertaken. This means that if the federal government officer conducts
searches on someone's vehicle without probable cause, the arrest will be considered invalid.
When an arrest is rendered invalid, all the evidence, including confessions, witnesses'
testimonies and physical evidence recovered from the case, are deemed suppressed therefore will
not count in court.
The main issue considered in the fourth amendment is whether the people's right to
privacy is not harmed while on their premises. The implication of this is that the correct channel
must be followed before conducting the arrest. The case is also considered invalid when an
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officer fails to follow the proper channels and has no warrant. There are, however, presumptions
under the fourth amendment. These are the exceptions cases under which the fourth amendment
rights may be violated (Law Shelf Educational Media, n.d.). These exceptions include search
resulting from a lawful arrest, plain view, and consent (Law Shelf Educational Media, n.d.). The
plain view is the law that allows police officers to hold objects not stated in a warrant but are
connected to the activity one is arrested for (Justia US Law, n.d.)). Moreover, the fourth
amendment also states that one can get arrested without a warrant when proven that someone's
life is in danger. This can either happen if the suspect is a danger to other people or themselves.
The fourth amendment is considered the most significant constitutional change because it
has brought about many positives in the United States. One of the most important benefits that
the fourth amendment constitutional change has brought in the United States is the increased
protection of the American people from unreasonable searches by law officers (United States
Court, n.d.). Since the introduction of the fourth amendment, there has been a noticeable change
in how police officers and other law enforcement personnel handle people when they are at their
homes. This is because the amendment has provided more safety to Americans. Therefore, the
police know that their arrests and cases will be invalid if they do not follow the necessary
procedures. The introduction of the fourth amendment has coincided with an increase in the
number of cases being thrown out of court because of how the police conducted searches and
seizures (United States Court, n.d.). Since law enforcement personnel know that they will suffer
extreme consequences if they do not follow the law. They follow the law and ensure by
obtaining warrants from law courts before conducting searches and making arrests. The result
brought about by this constitutional amendment is the improvement in protecting people's rights
while at their homes, cars, schools, or other premises.
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Another advantage that the law has brought is a significant reduction in the rate of
corruption in the police department. Before the constitutional change of the fourth amendment
came about, the rate of corruption in the police force was incredibly high. This was promoted
because police officers and other law enforcement agents in the United States government were
driven by the desire to close cases rather than arresting guilty culprits. As a result, some of them
took extreme methods to keep these people in jail. Such methods included planting evidence at
the homes and vehicles of suspects to keep them in jail. The high diversity rate in America
promoted such crimes, making some racist police officers accuse others falsely due to their
differences. However, after the constitutional change, such issues were reduced, leading to the
fall in corruption in the United States.
Therefore, the significance of the fourth amendment of the United States constitution has
been seen through the changes in policies governing searches and seizures of people's
homesteads. The fourth amendment is a constitutional change that came about to increase
people's safety at their homes. Since its introduction, people are increasingly protected because
police interference is stopped. Moreover, the decline in the rate of police corruption in the police
department has also enabled people to remain unharmed because the fourth amendment prohibits
the unlawful acts of the police in apprehending suspects. Therefore, the fourth amendment has
been the most significant constitutional change in American history because it has brought about
increased safety of the American people.
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References
Cornell Law School. (n.d.). Fourth Amendment. Retrieved August 11, 2021, from
https://www.law.cornell.edu/constitution/fourth_amendment
Justia US Law. (n.d.). Vehicular searches. Retrieved August 11, 2021, from
https://law.justia.com/constitution/us/amendment-04/16-vehicular-searches.html
Law Shelf Educational Media. (n.d.). Fourth Amendment: Exceptions to the warrant requirement
(Part I). Retrieved August 11, 2021, from
https://lawshelf.com/shortvideoscontentview/fourth-amendment-exceptions-to-the-
warrant-requirement-part-i/
United States Court. (n.d.). What does the Fourth Amendment mean? Retrieved August 11,
2021, from https://www.uscourts.gov/about-federal-courts/educational-resources/about-
educational-outreach/activity-resources/what-does-0
United States Senate. (2020). U.S. Senate: Constitution of the United States. Retrieved August
11, 2021, from https://www.senate.gov/civics/constitution_item/constitution.htm
