About Michael Troy Expertise I can answer just about any question about U.S. Political history, Constitutional law, the legislative process, elections, etc. I specialize in Presidential and Congresitional historical trivia, but can answer more substantive questions too.
Experience Former Staff member for a Congressman and Senator. I also worked on about 10 Congressional and Presidential campaigns (only one that won). For a short time, I worked in the legal department of the Federal Election Commission. I have a B.A. in Political Science.
Organizations Former LBJ Fellow (paid fellowship for Congressional Staff).
Pi Sigma Alpha (Political Science Honorary Society).
Publications Washington Post
Washington Times
Education/Credentials J.D. University of Michigan
B.A. George Washington University (Poli. Sci. major).
Question I would like to know what the fourth amendment really means? Also what is the importance of it?
Thank you
Answer Hi Krystle,
The Fourth Amendment was designed to protect citizens against unreasonable searches and seizures. One of the reasons many colonists objected to British rule was its use of "general warrants" which basically gave British law enforcement the right to enter just about anywhere and search for illegal material. In some cases this could be items smuggled into the colony without paying tariffs. It might also be items such as weapons that colonists considered necessary to defend themselves.
When it came time to create the Bill of Rights, the founders wanted to ensure the federal government did not do the same sorts of things. The 4th Amendment specified that search warrants could not be issued unless there was probable cause that evidence of illegal activity would be found, and stated with specificity the items to be searched.
Unfortunately, over the years, this protection has largely been gutted. The courts today allow a great many types of searches as "reasonable" without any warrant at all. There does not even have to be probable cause in many cases. For example, it is permissible for police to stop cars without any basis at a roadblock and search for evidence of illegal activity. It is permissible to police to search places of business without a warrant. It is permissible to engage in just about any type of search at or near a border. Searches of people are permissible upon entering many locations, such as a school or airport without any reasonable basis to believe a person is doing anything illegal. A police officer may even stop and search a person just walking down the street, even if there is no probable cause.
That said, the Courts do still allow for some protections under the Fourth Amendment. The search of a home usually requires a warrant. Seizures of certain records may require a warrant. In other searches, police must usually at least be able to express some suspicion for a search. The Amendment has also been invoked to be considered as part of a general right to privacy.
