Bill of Rights
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...... The Fourth Amendment and the Administration of Justice and Security:
According to the portion of the Fourth Constitutional Amendment most relevant
to the modern administration of criminal justice and national security, 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 (Freidman, 2005)
The modern relevance of the rights and protections guaranteed by this provision
cannot possibly be overstated, particularly in the age of domestic and international
terrorism. The Fourth Amendment protects individuals from being searched at the mere
whim of law enforcement agents and from having their homes, businesses, and other
property searched without a warrant. The significance of the requirement for a search
warrant is that probable cause must first be established to the satisfaction of a judge or
magistrate without which law enforcement agents may not enter private property without
permission or conduct any searches for evidence of a crime (Dershowitz, 2002;
Schmalleger, 2008; Zalman, 2008)......
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