14Th Ammendment
The 14th Amendment
Text
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.
History
Originally, the 14th amendment was put into the Bill of Rights because of the problems with the writs of assistance. The writs of assistance were a more generalized, open-ended search warrant in which the holder could search anyone or anyplace for anything at anytime. It was held for an indefinite amount of time and able to be used on a whim without any approval. Essentially, it put the holder above the law as the searching party was not held responsible for any damages. The writs were also transferable from person to person.
The writs of assistance were used by Britain to enforce the Navigation Acts, which involved the trade of England, and eventually the governor of Massachusetts, Sir Francis Bernard, issued them which led to Boston being put under martial law. The writs were a big problem to the colonials since they were permanent and required no approval.
Important Cases
Olmstead v. United States (1928)
United States Supreme Court declared the conversation obtained in wiretapped telephone conversations were not violating Fourth or Fifth Amendment rights.
Katz v. United States (1967)
United States Supreme Court reversed the declaration of Olmstead v. United States after Charles Katz got caught illegally gambling in a telephone booth.
Weeks v. United States (1914)
United States Supreme Court held unanimously that illegal seizure of items from a private residence constitutes a violation of the Fourth Amendment. It also set forth the exclusionary rule that prohibits admission of illegally obtained evidence in federal courts.
Chimel v....
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