Common Law Fourth Amendment

¶ … Law Fourth Amendment

Common law affirmed that evidence even that which is obtained through illegal means was admissible and was never excluded simply because it was obtained through illegal means. Common law evidence of the guilt of a defendant provided complete defense against charges that a search was violating the rights of a defendant. The fourth amendment to the United States constitution was included as part of the Bill of Rights on December 15, 1791.this amendment deals with the protection of people from searches that are done in their homes as well as their private property without a proper execution of a search warrant. The fourth amendment sates that '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, 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 4th Amendment requires that for a government official to search a person's house, papers, bank accounts or persona items they must obtain a search warrant that is duly signed by a person with proper authority .For a warrant to be issued, there has to be an affirmation made to the judge that there is a reasonable belief that there has been a crime committed and by conducting a search at that particular location there is the belief that evidence will be found that will be used for ascertaining this crime ( SKlansky, 2000).despite the addition of the 4th amendment the supreme court still went on using common law approach when they were admitting evidence that was attained until Weeks v.U.S. In 1914 declaring that any evidence that was obtained through illegal means was not admissible in a criminal court.

Due to the great importance of the fourth amendment to Americans there is need to look at the history behind its inclusion and inception into the constitution. The founders held the belief that the freedom against government intrusion into peoples homes was a natural right meaning it was granted from God and it was fundamental or of great importance when it comes to liberty. The idea of protecting citizens from unreasonable seizures and searches dates back into the English history.in1604, Sir Edward Coke was the first to make identification of this right. He said that 'The house of everyone is to him as his castles and fortress as well as for his defense against injury and violence as for his response. During colonial era, the King of England perceived the American colonies as financial investments. There were numerous revenue collection bills that were passed by Britain whose main aim was generation of as much money from the colonies as they could. This act by the king was resented by colonists and hence they started smuggling operations so as to go around the custom taxes which were imposed by the British crown.as a response to the King George started using the conveniently worded Writs of assistance (Smith. 2006).These were simply legal search warrants that were quite general and broad as far as their scope is concerned. Therefore British agents wee supposed to obtain writ of assistance in order for them to search property they believed had contraband goods. They could enter anyone's property or even home with no notice and for no reason. Agents would interrogate people regarding the customized goods which they had and forced the cooperation of any person. This searches and seizures became very uncomfortable and egregious affront to those within the colonies. Such actions were among the factors which led to American Revolution and eventually the formation of the constitution. When the fourth amendment was part of the constitution it was only applicable to the federal government butt was later applicable to states through the due process of the 14th amendment.