U.S. Constitution Amendments/Bill of Rights - Essay Example

Its development over the years has given way to many concerns particularly with respect to the loopholes it creates by which dangerous criminals may escape conviction. The discussion that follows examines the Fourth Amendment, its origins and development and argues that despite obvious abuses it continues to serve a useful purpose; namely protection of the individual against arbitrary arrest, searches and seizures. In short the Fourth Amendment provides the most effective means for restraining abusive practices by law enforcement.

“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.” (US Constitution, Fourth Amendment) The British government of Colonial America gave way to the issue of general warrants more commonly referred to as writs of assistance.

(Levy, 161) During this time an existing tax and excise act conferred upon authorities the liberty of interrogating whomever they desired with respect to the volume of alcohol consumed on his or her property for the purpose of assessing applicable taxes. (Levy, 162-164) Additionally, the excise Act permitted officers to conduct widespread searches of individual’s homes for imported goods that had not been taxed.(Davies, 547) In 1776, the Virginia Declaration of Rights contained a clause against the execution of general warrants and became a significant forerunner for the Fourth Amendment.

(Levy, 161) Following the implementation of the Fourth Amendment the US Supreme Court has interpreted the Amendment to guarantee a general right to privacy and protection from unreasonable searches and seizures. Both rights have been interpreted to be intricately tied to the Fourteenth Amendment which provides that states cannot