How does the Fourth Amendment limit the government?

The fourth amendment has many limits on the government. The fourth amendment limits the power of the government by not being able to search our property uless they have a warrant. The fourth amendment also limits the government freom invading our privacy. It places limits on the power of the police to search people and their things, and seize objects and contraband.

4th Amendment: Court Cases

In the city of Lago Vista, Gail Atwater was stopped by police for not wearing a seatbelt. According to eyewitnesses, the officer was yelling at Gail Atwater. Gail Atwater requested the officer to lower his voice and he replied, "You're going to jail." Gail was arrested, handcuffed, and put into jail for approximately one hour. She was realeased on $310.00 bond and $50.00 for not wearing a seatbelt. Gail and her husband filed suit claiming that her fourth amendment rights against unreasonable seizure had been viotlated beacause the police arrested her for a crime punishable only by fine. Since Gail had admitted that she was guilty by paying the fine, the district court dissmissed her claim of a fourth amendment violation.

My opinion on this court case was that the officer had no right to arrest Gail. I was shocked that the officer arrested Gail for a crime that was so small. I know that it's a law to put a seatbelt on but the officer should have just given her a ticket. I think that it wasn't fair to Gail because if it was a different officer, the officer would have probably just given her a ticket.

Creation and History of the Fourth Amendment

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 warrant 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."

       In 1604, the judge, Sir Edward Coke, first identified the first amendment. He stated that "The house of everyone is to him as his castle and fortress, as well for his defense against injury and violence as for his repose." The most famous english case dealing with the right to freedom from illegal search and seizure is called Entick vs. Carrington. The case ov Entick vs. Carrington helped the supreme court understand what the founding fathers meant when writing the 4th amendment. The fourth amendment was created to protect the government from abusing its powers.

       This is important to our lives because it helps us have our privacy and rights to insure that citizens are not searched or arrested for invalid reasons. It also helps people to know that the government cant interfere with our daily lifes.