The Central Meaning of the Fourth Amendment

Abstract

The Fourth Amendment provides:The right of the people to be secure m 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.U.S. CONST.amend.IV 2. Silverman v. United States, 365 U.S. 505, 511 (1961).3. This maxim is not a product of the English common law; rather, it dates back much further."Even in ancient times there were evidences of that same concept in custom and law, partly as a result of the natural desire for privacy, partly an outgrowth, in all probability, of the emphasis placed by the ancients upon the home as a place of hospitality, shelter, and protection."

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