The Bill of Rights was created in 1791 and is, “in response to calls from several states for greater constitutional protection for individual liberties, the Bill of Rights lists specific prohibitions on governmental power. ” (Bill of Rights Institute) The Bills of Rights were created by James Madison and there are a total of ten which he added to the constitution. The Bill of Rights is basically a list that was created to limit the government’s power over America’s citizens.
According to Cornell University Law School the fourth amendment is, “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. In the Bill of Rights, the amendment to the fourth amendment is defined as. “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. ” (The National Archives) I believe this amendment was added so that the people would not have their rights to bear arms taken away by political leaders. This gives the people the right to protect themselves.
According to Cornell University Law School the fifth amendment is, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, iberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. ” In the Bill of Rights, the amendment to the fifth amendment is, “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. ” (The national Archives) I think this amendment was created to protect a person’s right of ownership of their home and also protect them from the government taking over their home unless during a time of war when it was in the interest of national security.
According to Cornell University Law School the sixth amendment is, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. In the Bill of Rights, the amendment to the sixth amendment is, “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. ” (The National Archives) This amendment gives people full protection from law enforcement and not allowing them to do whatever they want with a person’s property.
According to Cornell University Law School the eighth amendment is, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ” In the Bill of Rights, the amendment to the eighth amendment is, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which istrict shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. ” (The National Archives) The eighth amendment allows people to have a fair punishment for which crime they have committed as well as punishment that cannot be cruel and fines also must match the crime. I believe the Bill of Right that plays a major role in the law enforcement community the most is the fourth amendment.
The fourth amendment is the right against unreasonable searches and seizures. It also requires a warrant and probable cause for the evidence to be seized legally unless other circumstances apply. Due to this amendment law enforcement cannot take evidence as they please, they must have a valid reason and even may require a search warrant. According to Find Law. “If a government actor conducts an illegal search (one that violates the Fourth Amendment), the government cannot present any evidence discovered during that search at trial.
Known as the “exclusionary rule,” this rule aims to deter police officers from conducting unreasonable searches. Opponents of the exclusionary rule, however, argue that it lets guilty criminals go free on technicalities. ” There have been several cases which have been thrown out due to evidence gained illegally and guilty people have gotten to walk away free. I believe the fourth amendment is very important in the legal system and I also agree with how it has been implemented.
I believe this amendment keeps law enforcement from invading other people’s privacy. A good example is, the fruit of the poisonous tree which was created to prevent the government and law enforcement from invading someone’s privacy by doing unreasonable searches which could also lead law enforcement to discover other evidence. The theory of this would be that law enforcement knowing that a certain evidence was collected illegally would get thrown out as evidence and this would hopefully deter them from conducting them illegally.