Now let's look at the Fourth Amendment. This is one that is very often quoted and claimed as a personal right of the people. It is most often referred to as the people's right of privacy. Here it is:
"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."
As you can see this is a very important right guaranteed to the people by our Founding Fathers. The deemed it very necessary to ensure that the people's right to be protected against being violated by those authorities authorized by the government. Why would they feel it necessary to include this in the Bill of Rights? Well, like all the other rights guaranteed within the Bill of Rights we can find evidence of abuses perpetrated upon the people in America by the English government which eventually led to the Revolution, these abuses are referenced in the Declaration of Independence.
The customary practise in early Colonial America was one of which the government authorities carried with them general purpose warrants which gave them authority to search any home or asset which they deemed necessary of search. The practise was generally practised by tax collectors who by virtue of the Excise Act of 1754 were given authority to question any individual as to the use of goods received and search homes to ensure that all taxes were being paid that the individuals upon all goods. This law gave tax collectors powers to collect taxes upon all items found and seize those items which were prohibited or unaccustomed goods. When King George II died all heck broke loose. The law required that all the general warrants issued by his edict be expired within 6 months of his death and be re-issued by his successor. American courts ruled the writs as illegal and the Massachusetts Assembly passed a law requiring that local state judges issue writs and warrants, this rule was over turned by the English appointed governor of the State. John Adams viewed this issue the spark which ignited the Revolution.
If I were to write of all the Supreme Court rulings and decisions, clarifications and definitions it would fill volumes. Needless to say this Amendment has seen its day in court several times over. As a brief overview of these decisions it has been determined by the High Court that the Fourth Amendment is meant for the government and not private citizens. And that the right to privacy is only to the extent of a normal person's expectation of privacy.
I am grateful to our Founding Fathers for having placed this Amendment within the Bill of Rights. It shows that they were not power hungry and desired that the government which they were setting up would not be permitted to harm the people. The Founding Fathers believed in the people, which is something that our government has obviously stopped doing.
Our government must review the past, and remember the mindset of our Founding Fathers. If our government doesn't, the words of John Adams will be revived.
