Question

The Fourth Amendment contains two clauses of importance to search-and-seizure issues. List the two clauses and describe their relevance.

Answer 1

According to the Fourth Amendment of the US constitution "[t]he 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 amendment provides the citizens with ample right to privacy and safeguards the unreasonable disturbances of the government in the life of the common people. This law only enables the safety from the intrusion of the government and not from other searches and seizures. It protects people and not places from unreasonable searches.

There are two important clauses in the Fourth Amendment. They are Reasonable (justifiable) clause and Warrant clause.

Reasonable or justifiable clause is the security given to the people for their personal identity, houses, and important papers. It enables people to live in a secure and safe society. This amendment prohibits government from unreasonable searches and seizers related to these issues. And the law cannot be violated.

Warrant clause enables non-issue of the warrants. In the case of probable clause if the person has given the support by his oath or affirmation, then the process of searches and seizers can be performed but only when the searches and seizers are related to a place and not about persons. When the searches are done without any presumed reasons, they are said to be probable clause.