Topic > The Importance of the Fourth Amendment - 813

The Fourth Amendment was passed by Congress in September 1789 and ratified again in December 1791. It gives people the right to feel safe in their own homes, in their own castles. The Fourth Amendment gives people the right to be safe in their homes, in their persons, and not to be subjected to unreasonable searches and seizures. That no warrant shall be issued without reasonable cause; and that the places to be searched, or the things to be seized, must be clearly described and listed in the warrant. There are a couple of famous cases that contributed to the passage of the Fourth Amendment, both here and in Britain. One is known as Wilkes v. Wood, and it happened in 1763. Wilkes sued the courts for trespassing by constables, breaking his locks, and trespassing. Simply because before this was added, the police did not have to have a reason to enter your home and search your property or even search your person. King George II passed so many tax collection laws that smuggling became very commonplace in America, it was commonplace to be stopped and harassed by the police because he wanted to make as much money as possible from America. Tax collectors could question anyone they wanted, and searches and seizures of private property became so commonplace that it was “Furthermore, he claimed that the warrant and its execution were excessive, that the officers had failed to comply with the “knock and announce” rule, and that the officers had unnecessarily destroyed property during the search” (Cornell Law). The District Court denied the police officers' motion that they were entitled to immunity, as did the Court of Appeals; although the Court of Appeal said that Mena's claim that the warrant service was at sea, was incorrect. A jury found that both Officers Muehler and Brill violated Mena's Fourth Amendment rights