Page 55 - January 2020 IIssue new year

The Fourth Amendment Wthin the Criminal Justice System

pose of the fourth amend- America. It was the vision such as liberty, life and

B ment was (8). Studying of an independent country pursuit of happiness. The

R the history of a country with freedoms and liber- Constitution set in stone
O will help us see how this ties for all, framed under that the government’s

W country functions and the our current Constitu- power is delegated by the
A dominant mentality of its tion and its amendments. people and that no seldom
R people. If we go back in Therefore, one should entity governing the na-

D time, we realize that the interpret the Constitu- tion should have a domi-
first Americans where still tion with all its sections nant power. The assurance

U influenced by the English through the minds of the that the government is not
N mentality and here we cite drafters. This is important above the people led to the
I Sir Edward Coke, who under the Common Law ratification of the Consti-

V was the first to identify system since most legal tution.
E the rights consecrated in opinions delivered by the

R the fourth amendment by judges do not evade from Drafted in 1787, the con-
S stating that one’s house the main concepts in- stitution is concise which
I is his castle and fortress. tended in our Constitution. makes it less vulnerable.

T Sadly, those same Ameri- The Constitution is the The fourth amendment
Y cans fleeing the control of mother of all laws (15), was added to it in the Bill
the British ruler, became the chosen legal system of Rights (7) on December

2 unhappy with his tyranny that derives from it and 15, 1791. It deals with
0 and in an act to liberate the way the U.S. functions protecting people, the

2 themselves from oppres- and develops will not searching of their homes
0 sion, wars and revolutions contradict each other. We and their private property
erupted. realize that all laws and from unobtained or un-
regulations were inspired, properly executed search

A sweeping glance at the created, resolved and in- warrants (27) and is still
sequence of major his- terpreted under the same applicable despite all the
torical events from the guiding spirit of freedom advancements. Violations

revolution of 1775 passing and liberty. against the fourth amend-
through the Declaration ment concerned Federal

of Independence in 1776 The Declaration of Inde- Criminal cases until 1961
until the civil war of 1861 pendence which helped but with Mapp. V. Ohio
is a living proof that one shape our Constitution de- (29) it extended to be ap-

vision moved the found- termined that governments plied in state courts under
ers of the United States of are formed to secure rights the exclusionary rule.

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