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Friday, March 22, 2013

The Fourth Amendment: Right to Be Secure

Wang Ngai Ng, Tony
Patricia Mesch
English 201 HYA
08 October, 2012
The Fourth Amendment: Right to Be Secure
The Fourth Amendment virtue disturbs many judges and scholars and protects the U.S citizens right of seclusion from invasion. Today, the topic of privacy is frequently and heatedly discussed. As a person who lives chthonic the flag of the 4th Amendment, we need to know this amendment better, to know the histories rump it, the evolvements of its interpretation and how it plays the role in Supreme Court.
To know much about the amendment, one must be familiar with its diachronic background. The English common law is one of the elements contributing to the report of Rights. According to The Birth of The Bill Of Rights written by Robert Allen Rutland, the pattern of rights of safeguard from the anticipatees and seizures start-off existed in English common law, and ulterior it found its way to the U.S. Constitution (10-13). The first record in English common law of search and seizure protection was Semayneâs case in 1603. In 1756, the colony of mama passed legislation that restrained the use of general warrants. This represented the first law in curtailing the use of seizure might in American history.

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Later in 1776, George Masons Virginia Declaration of Rights, which the Declaration of freedom took references from, included prohibitions against general warrants that did not specify probable stool or exactly what was to be searched for (Rutland, 231).
According to Rutland, many anti-Federalists debate the Constitution because it gave federal government too much power and it was a threat to individual rights, James Madison do and kept a compromise with anti-Federalists by proposing to the First relative twenty amendments to be added to the Constitution on June 8, 1789. One of these amendments, which dealt with search and seizure laws, eventually became what we know as the 4th Amendment on December 15, 1791 (183-189).
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