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The Fourth Amendment to the Constitution of the United States of America is one of the necessities involved in the Bill of Rights. The Amendment deals with the protection of capricious investigations and apprehensions. It was recognized in response to the contentious writ of assistance, which played a vital role after the War of Independence (Newton).
Though, in some situations, the establishments have permitted a search to be conducted at a inferior level to that is obligatory for a probable cause. According to the Supreme Court, in order to conduct a search, the police must be able to demonstrate according to specific and articulated facts that, taken as a whole in a rational manner, it can be inferred that such facts would produce logical reasoning to give a judicial order to support their actions (Newton).
Normally, the courts reject doesn’t accept the evidence taken from random searches and seizures. The exclusionary rule applies in a criminal trial to both the investigation and accusatory phase. The exclusion rule isn’t applicable when the agent uses an invalid order in good faith. The good faith exception permits the evidence to be considered if it is collected by the police officer with good intention (Vile and Hudson).
In the Katz case, the consideration that the Fourth Amendment places a particular emphasis on the interference of the Government in areas enumerated by it is not rejected. The evaluation of the reasonable expectation of privacy established has been added - not substituted to the criterion of analysis of government interference in private ownership of common law. Thus, it can be said that the fourth amendment covers almost all aspects but with the rise in the use of technology, the regular updates are required for an effective system of law.
Work Cited
Newton, Brent Evan. "The Real-World Fourth Amendment." SSRN Electronic Journal (2016): n. pag. Web.
Vile, John R, and David L Hudson. Encyclopedia Of The Fourth Amendment. Thousand Oaks, Calif.: CQ Press, 2013. Print.
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