Fourth, fifth, or the sixth amendment
"The Fourth, Fifth, and Sixth Amendments" Please respond to the following:
Do you have any thoughts on which amendment you feel is the most obtrusive?
Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause
this is the one that stands out to me the most
The Fourth Amendment was added to the Bill of Rights on December 15, 1791 in response to the abuse of British Writs of Assistance issued by the British Government.
The Writs granted law enforcement the power to conduct searches of homes, at any time for any reason. The 4th amendment was included to protect citizens from raids by the Government.
The 4th Amendment was originally applied to the federal government. The Amendment was later applied to the states through the Due Process Clause of the 14th Amendment.
The 4th Amendment places limits on the police power to search people and their property, make arrests, and seize property. The Fourth Amendment was created to insulate U.S. citizens from overreaching powers of law enforcement.
The Fourth Amendment states the "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." This is fundamental to the right of privacy.
There would be no government restraint on law enforcement officials without the 4th Amendment and as such no right to privacy.
The 4th Amendment establishes the right to privacy of U.S. citizens to be "secure in their persons, houses, papers, and effects." The 4th Amendment goes on to protect the right to privacy by prohibiting unreasonable search and seizure by requiring law enforcement to obtain a warrant based on probable cause. Lastly it requires the warrant to particularity describe the place to be searched and the items to be seized.
The courts enforce the 4th Amendment through the use of the Exclusionary Rule. The Exclusionary Rule prohibits the use of evidence obtained in violation of the 4th Amendment. An example of the exclusionary rule can be found in Miranda v. Arizona, 384 U.S. 436 (1966), The 4th Amendment is the most significant and critical weapon U.S. Citizens have against government corruption.