Tuesday, December 6, 2016

Amendment 4

"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."



This amendment is definitely one of the most important because it protects people from the government, and that’s exactly why we have a constitution to make sure the government doesn’t have too much power. Amendment 4 is key when people are being accused of crimes they may or may not have committed. Police cannot come into your home or arrest you (at random) without a warrant from a judge, stating what they are being accused of. If we didn’t have this amendment, there would be even more innocent people in jail and prison today. 

This video does a great job of not only explaining the 4th amendment, but also discusses the exclusionary rule. The exclusionary rule was put into place so that if police did not obey the 4th amendment, any evidence found without a warrant in a home or person they searched, cannot be used against that person. This keeps police in check, requiring them to get a warrant, unfortunately it can also keep guilty people out of prison. 



This comic is a good example of why there is an exclusionary rule. The hard side of the exclusionary rule is that even if evidence is found and the jury knows about the evidence, it will be hard for them to "forget" about it and not let that influence their decision. 


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