This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
4th Amendment Us Constitution With Explanation In King
Category:
State:
Multi-State
County:
King
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
See Riley v. California, 573 U.S. 373, 403 (2014) (explaining that “the Fourth Amendment was the founding generation's response to the reviled 'general warrants' and 'writs of assistance' of the colonial era, which allowed British officers to rummage through homes in an unrestrained search for evidence of criminal ...
At the time it was adopted, the Fourth Amendment prohibited the government from entering into any home, warehouse, or place of business against the owner's wishes to search for or to seize persons, papers, or effects, absent a specific warrant.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
At the time of its creation, the Fourth Amendment was made in response to increasing infringements on privacy in both the colonies and in England.
English law Charles Pratt, 1st Earl Camden established the English common law precedent against general search warrants. Like many other areas of American law, the Fourth Amendment finds its origin in English legal doctrine.
That is why the Amendment broadly protects us against government power to intrude on our persons and property at will. The Framers had just fought a revolution against the King's general warrants and writs of assistance; they wanted to prevent any chance their own government would commit the same abuses.
This Fourth Amendment activity is based on the landmark Supreme Court case Brendlin v. California, dealing with search and seizure during a traffic stop.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
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 ...