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The Bill Of Rights 4th right

Kaleb Francis Quante's Flyer

Help with Adrian,Ail Fernando Lopez,Ernesto. From the tigers at Walter Long Elementary School, Room 21

The Bill Of Rights is a list of rights that is in the North America list of laws that had originally 10. This SMORE Flyer will talk about the 4th right.

The 4th right is when the police searches only people believed to commit a big crime. The 4th right was officially the 4th right and added on the the Bill Of Rights.

The 4th amendment was included for a few reasons. One reason is the Founders believed that freedom from government intrusion into one’s home was a natural right and fundamental to liberty. During the colonial era, lawyer James Otis argued in court against British use of writs of assistance, which were general search warrants allowing British officials to search wherever they wanted without having to say why. His arguments were observed by John Adams, who noted that Otis’s argument against this form of British tyranny marked the beginning of the American Revolution. George Mason wrote in the Declaration of Rights, known as the Bill Of Rights that general search warrants were “grievous and oppressive and ought not to be granted." The second reason is the justification for such a search is to prevent the arrested individual from destroying evidence or using a weapon against the arresting officer. In Trupiano v. United States (1948), the Supreme Court held that "a search or seizure without a warrant as an incident to a lawful arrest has always been considered to be a strictly limited right. It grows out of the inherent necessities of the situation at the time of the arrest. But there must be something more in the way of necessity than merely a lawful arrest." In United States v. Rabinowitz (1950), the Court reversed Trupiano, holding instead that the officers' opportunity to obtain a warrant was not germane to the reasonableness of a search incident to an arrest. Rabinowitz suggested that any area within the "immediate control" of the arrestee could be searched, but it did not define the term. In deciding Chimel v. California (1969), the Supreme Court elucidated its previous decisions. It held that when an arrest is made, it is reasonable for the officer to search the arrestee for weapons and evidence.

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