The Common Law Background of the Fourth Amendment

Fourth Amendment Summary
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Executive Summary: Forth Amendment
The fourth amendment is by far one of the most controversial sections of the U.S. constitution. The fourth amendment reads: “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” (Bill of Rights, 1791). To the common citizen, this law mainly does not authorize the police from searching their houses, cars, or properties without having a warrant and proof that there is probable cause to search. However, today, there have been many instances where the U.S. government has come under fire from both the citizens and the lawyers of the land. One particular instance involved the War on Terror tirade that was started during the Bush presidency. Surveillance during the war on terror era increased significantly, and the central government’s excuse was that it was trying to ensure the security of its citizens. Other instances that have led to outbursts and outcries by the citizens include the stop and frisk orders that were implemented by the police. These gave power to the police to simply judge people by their behavior and then make a judgment call on whether a person fits the profile of an individual that needs to be stopped and frisked. Such issues have led to debates over the legality of such actions even for security reasons.
The fourth amendment was adopted at a time when the possibilities and developments seen today were still wild ideas. The commo...