The Fourth Amendment is like a ball of clay, always being reshaped with careful hands. It is a small yet important part of the Bill of Rights to protect the guaranteed rights of the people during the reformation of the United States government during the late 1780s. This amendment is responsible for protecting the property rights of the people against the government, in an effort to prevent an over abuse of power toward the people. Without the Fourth, the government would have total control of all property owned by the people without their consent.
The right guaranteed by the Fourth Amendment is as follows: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall …show more content…
United States. In this case, the police entered Weeks’ house to search for evidence that confirmed whether or not Weeks’ had been illegally transporting lottery tickets through the mail. The police, however, did not have a search warrant, using a hidden key to gain access. The private documents collected contained information of Weeks’ guilt, thus, he attempted to have the evidence excluded from the investigation, but he was denied. The argument brought up in court was whether the private documents collected during this unwarranted search of Weeks’ house could be used in a court proceeding, even though they were obtained by violating the Fourth Amendment. The decision of this case would set the groundwork for all future Fourth Amendment cases in the United States. The court ruled that, since Weeks’ right against unreasonable search and seizure had been violated, the evidence was invalid and must not be included in the trial. This ruling has become what is known as the exclusionary rule, the law that prohibits the use of illegally obtained evidence in a criminal trial. For the rest of the century, this rule remained the groundwork for most related cases. However, with the introduction of digitally stored information and property, a new debate of how far the Fourth’s protections expanded began to …show more content…
A new debate over privacy versus security began to unfold due to rising concerns about national security brought up by the universal expanse of the internet. New cases were brought up that challenged the current interpretation of the Fourth Amendment and its application to technology. One such example, Riley v. California, brought to the forefront the question that was in everyone’s minds: Is a search warrant required for the police to access cell phones? In the case, the police pulled Riley over due to expired license registration and searched his phone. The information found was later used to connect Riley to a gang shootout the had previously occurred. Riley tried to have the evidence suppressed, but he was denied. However, the court eventually determined that “Riley’s Fourth Amendment right to privacy” had been violated, thus cementing the idea that cell phones are protected under the Fourth Amendment. Despite this advancement in Fourth Amendment legislation, the privacy versus security battle is still being fought on the technological battlefield, as wiretaps, phone registers, and backdoor searches are still being performed every day in the name of the Patriot Act. This example shows technology’s large impact on the Fourth, however, there are still other smaller factors that play into the development of the amendment. In the example of Heien v. North Carolina, a