Thursday, October 4, 2012

The Right to Privacy





             My Civics class has been talking about the amendments, we have decided to create a web page talking about one of the amendments. I decided to talk about the fourth amendment.  I am also including the definition, history, and a recent court case involving the fourth amendment.


      Definition of the Fourth Amendment:                      


             The fourth amendment is the Right to Privacy. In the Amendment is says; "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."

              It means you have the right to have privacy, it protects your person, also you have the right to have an abortion it you are so many weeks pregnant. An officer can not go into your home and search it without a warrant that has been signed by a judge.     

      History of the 4th Amendment:

       The fourth amendment was added to the Consitution on December 15, 1791. It protects peoples privacy form other people. In 1765, the case Entick vs Carrington was a case that helped create the 4th amendment. Royal representatives broke into Entick's home and took personal items including, personal papers and documents. Their orders came from Lord Halifax, who was trying to find something to get him into jail. Entick charged that the charge had been unlawfully conducted, the court also agreed with him and a law was made.

Court Case Involving the Fourth Amendment:


Michigan v. Fisher, 130 S. Ct. 546 (2009)

 Name: Michigan vs Fisher, 130 s. ct 546 (2009)

Who was Involved: Jeremy Fisher and Michigan police officers

About the Case: Michigan police got a call from neighbors about a man that was going crazy. When police arrived they found Jeremy Fisher inside his house, and drops of blood on the front of his truck. The police knocked on his door but he refused to answer. One of the police officers pushed the door open and found Fisher standing with a gun pointing towards the door. They finally got control of him and arrested him. They charged him with having a dangerous weapon. The court agreed with Fisher that the police violated his fourth amendment. The reason they said it violated his fourth amendment is because there was no sign of life-threating evidence present for the police to be able to go into his house without a warrant.

When/Where did this take place: The case took place in 2009 in Michigan

Why this case was important: The case was important because it showed that officers can't go into a person's house without a warrant unless there is life-threating evidence present. the role of a peace officer is to prevent violence and restore order, and not rendering and to casualities.         















No comments:

Post a Comment