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Summary common law.docx CJS/315 Common Law and The Fourth Amendment University of Phoenix CJS/315: Criminal Procedure Introduction The Constitution was created by our founding fathers to defend the rights of citizens of the United States; rights not previ $7.49   Add to cart

Summary

Summary common law.docx CJS/315 Common Law and The Fourth Amendment University of Phoenix CJS/315: Criminal Procedure Introduction The Constitution was created by our founding fathers to defend the rights of citizens of the United States; rights not previ

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common CJS/315 Common Law and The Fourth Amendment University of Phoenix CJS/315: Criminal Procedure Introduction The Constitution was created by our founding fathers to defend the rights of citizens of the United States; rights not previously known under British rule. Vigilante crime and ...

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  • March 17, 2021
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CJS/315

Common Law and The Fourth Amendment
University of Phoenix

CJS/315: Criminal Procedure



Introduction

The Constitution was created by our founding fathers to defend the rights of citizens

of the United States; rights not previously known under British rule. Vigilante crime and

justice had been the law of the land. The Bill of Rights Fourth Amendment protects its

citizens from unlawful search and seizures.

Common Law and Origin of the Fourth Amendment

The roots of the Fourth Amendment extend back to British rule over the American

Colonists. British officials used Writs of Assistance to conduct unauthorized searches and

seizures of the American Colonists homes and businesses. Its main focus was to prevent the

illegal manufacturing and the trading of merchandise by colonists. Writs of assistance could be

used an unlimited amount of time without having to issue a new one. However, this did not

prevent the British officials from conducting warrantless searches and seizures in the homes

and businesses of the American colonists. Officials could break in homes and seize whatever

items they wanted, to include arresting individuals ("History and Scope of The Amendment",

n.d.). The Excise Act of 1754 was a tool used by British officials and gave them the power to

interrogate colonists anywhere and anytime concerning illegal trading. The response of the

colonists was in 1756 to file legislation against the use of Writs of Assistance. Even though the

legislation was put down by the British government, colonists continued to express their

discourse against them ("Background of The Fourth Amendment", n.d.). British officials

continued to pass Acts to apply heavy taxes on the colonists. The colonists fought back and in

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