A Danger to Fourth Amendment Rights

A Danger to Fourth Amendment Rights

Introduction

The fourth amendment of United States of America was established as an amendment in the constitution of the United States in order to protect and secure the rights of the civilians or people of America in their houses, persons, or papers. Moreover, the amendment was also meant to be effect the seizure and searches which are unreasonable in nature so that no warrant shall issue against them along with no serious violation of the law. However, it was decided in the constitution that if any plausible cause was found it would be supported by the Oath or by an affirmation by specifically describing the spots to search along with the timings and things of the persons to be rummaged around. Thus, these were the clauses which were meant to make secure and protect two elementary interests of liberty. Those interests are:

Privacy rights

An independence from arbitrary invasions.

However, any search happens when there is an expectation found in a society of privacy and they consider it reasonable and infringed by a governmental employee or by any governmental agent. Moreover, it has been observed that the private individuals if they are working in the same regard are considered as an exempted from the law of Fourth Amendment.

Discussion

With reference to the Justice Douglas's dissent it has been observed that, he agreed to the petitioner that his meaning was “seized” in the Fourth Amendment. Moreover, he also agreed that romping petitioner and his companions for rifles was a search. However, at the same side he was quiet astonished that how that search could be a seizure and can be legitimate by the Fourth Amendment's standards unless a probable cause was there to believe few aspects of the crime on an overall level such as; if ...