The Fourth Amendment of the United States: Search and Seizure

The Fourth Amendment 1

The Fourth Amendment of the United States: Search and Seizure

Thesis: The search and seizure provisions of the United States Constitution's Fourth Amendment is a necessary foundation of American democracy and the risk that its provisions may allow the guilty to sometimes escape prosecution is a necessary element of that democracy, regardless of its disheartening result the few times it occurs.

I.  Introduction

A.  Criminal law's role and place in society.

B.  The role of criminal laws and the role of laws that provide rights and protections to criminals

C.  The Constitution and the Fourth Amendment.

II.  The Fourth Amendment

A.  Language of the Fourth Amendment regarding searches and seizures

B.  History of the Fourth Amendment (A Historical, n.d.)

1.  History of English abuse of colonists during pre-revolutionary period

2.  Role of the Declaration of Independence

3.  Founding Father's view of need for protection of the accused

III.  The Evolution of the Fourth Amendment

A.  The Supreme Court defines search and seizure law (Weeks, 1914))

B.  Courts and additional expansions and limitations of the Fourth Amendment's search and seizure provisions from 1914 to today (Fourth Amendment, n.d.)

IV.  Evaluation of the Fourth Amendment in Practice (Pros and Cons)

A.  Pros (Postell, 2007)

1.  Control of law enforcement

2.  Ensuring the law is fairly administered to all

3.  Ensuring democracy

B.  Cons (Signorelli, 2012)

1.  Accidental law enforcement errors set criminals free

2.  Fear of dangerous situations occurring (escapes, evidence destruction, etc.) while law enforcement must wait due to legal requirements

V.  Conclusion

References

A historical overview of the fourth amendment. (n.d.). Retrieved from http://web1.nusd.k12.az.us/schools/nhs/gthomson.class/pol699.paper/pol699.hist.overview.html

Fourth amendment, search and seizure: CRS annotated constitution: (2010). Cornell University Law School. Retrieved from http://www.law.cornell.edu/anncon/html/amdt4frag1_user.html

Postell, J. (2007). Securing liberty: The purpose and importance of the Bill of Rights. The American Heritage Foundation. Retrieved from http://www.heritage.org/Research/Thought/wm1747.cfm

Signorelli, W. P. (2012). The constable has blundered: The exclusionary rule, crime, and corruption. Durham, NC: Carolina Academic Press. Retrieved from http://www.cap-press.com/pdf/2299.pdf