Topic > The Fourth Amendment: The History of the 4th Amendment

The Fourth Amendment provides protection against unlawful warrants, searches and/or seizures with insufficient evidence, and against what constitutes the terms of a warrant. The Fourth Amendment is based on three fundamental principles. The first principle is that authorities must have sufficient evidence as to why they believe the desired evidence would be in the area. For example, if authorities were searching for the murder weapon, they would need to have sufficient forensic evidence to demonstrate that the weapon would be located at the specific location. The second principle is that when searching a person's private home the reason should focus on the evidence supporting the search. For example, if the police were to search the home of an individual accused of a crime, any type of writing or drawing that may be present in the home could be confiscated if deemed necessary to support the search. The final principle is that a global mandate should not be used as a way to circumvent the first two principles. For example, if authorities could not establish what type of weapon was used or where the evidence would be found, they could not have a warrant that covered all possible scenarios across a wide range. The original idea of ​​the Fourth Amendment was to reinforce the belief that “every man's home is his castle”