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A photo of a sign that reads “No Firearms”. A playground can be seen in the background.
A “No Firearms” sign is posted at Binghamton Park in Memphis, Tennessee, demonstrating that the right to possess a gun is not absolute. (credit: modification of work by Thomas R Machnitzki)

The third amendment

The Third Amendment says in full:

“No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”

Most people consider this provision of the Constitution obsolete and unimportant. However, it is worthwhile to note its relevance in the context of the time: citizens remembered having their cities and towns occupied by British soldiers and mercenaries during the Revolutionary War, and they viewed the British laws that required the colonists to house soldiers particularly offensive, to the point that it had been among the grievances listed in the Declaration of Independence.

Today it seems unlikely the federal government would need to house military forces in civilian lodgings against the will of property owners or tenants; however, perhaps in the same way we consider the Second and Fourth amendments, we can think of the Third Amendment as reflecting a broader idea that our homes lie within a “zone of privacy” that government officials should not violate unless absolutely necessary.

The fourth amendment

The Fourth Amendment sits at the boundary between general individual freedoms and the rights of those suspected of crimes. We saw earlier that perhaps it reflects James Madison’s broader concern about establishing an expectation of privacy from government intrusion at home. Another way to think of the Fourth Amendment is that it protects us from overzealous efforts by law enforcement to root out crime by ensuring that police have good reason before they intrude on people’s lives with criminal investigations.

The text of the Fourth Amendment is as follows:

“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.”

The amendment places limits on both searches and seizures : Searches are efforts to locate documents and contraband. Seizures are the taking of these items by the government for use as evidence in a criminal prosecution (or, in the case of a person, the detention or taking of the person into custody).

In either case, the amendment indicates that government officials are required to apply for and receive a search warrant    prior to a search or seizure; this warrant is a legal document, signed by a judge, allowing police to search and/or seize persons or property. Since the 1960s, however, the Supreme Court has issued a series of rulings limiting the warrant requirement in situations where a person can be said to lack a “reasonable expectation of privacy” outside the home. Police can also search and/or seize people or property without a warrant if the owner or renter consents to the search, if there is a reasonable expectation that evidence may be destroyed or tampered with before a warrant can be issued (i.e., exigent circumstances), or if the items in question are in plain view of government officials.

Questions & Answers

to this textbook which countries have the highest rates of execution?
michael Reply
What are the advantages and disadvantages of having so many levels of subnational governments in the United States? Explain
Nicole Reply
to help in protecting the right of the citizens, in safety purpose also if not many tribulation war and conflict in between the Nations and perhaps the citizens that is we really needs them.
Emmanuel
What are the advantages
maureen
what were the initial issues that led to the introduction of legislation
Benedicta Reply
Do the consideration and bill of rights protect the life and liberty of all Americans?
Benedicta
yes
Emmanuel
how do we answer government questions
Comfort Reply
by following all the due processes
Emmanuel
how many types of pre_ colonial political system do we have in Nigeria
Israel Reply
3
nkama
we 3 which are yoruba,hausa, Igbo
Israel
3
Ibrahim
opening day in the house. what is the speaker's first duty
Gabriel Reply
what is bill of right?
Dyutoe Reply
first 10 amendments to the Constitution
Ruthie
a bill of right in the United States,bill of right is the first tan amendment to the Constitution.
Israel
what prevented the equal rights Amendment from being ratified?
Darhel Reply
why some countries adopts written constitution
Paschal Reply
because it is documented
Comfort
what part of our government is based on parliament
SonIa Reply
what important political idea came from Thomas Hobbes
SonIa
Thomas Hobbes who is he
SonIa
what is democracy
Haliru Reply
government of the people by the people and for the people
Emmanuel
what is Constitution
Joy Reply
What's separation of power in government?
Fortune Reply
What's political parties?
Fortune
What's Political apathy
Fortune
political parties can be defined as a group of people who share a common interest
Waris
political apathy it can be defined by act of not having Interest in any politics
Waris
political parties are organised group of citizens,acting as a political unit and through the use of their voting power trys to control the government.
Jasper
what are the broad purposes of government
Slande Reply
what is constition
Diana Reply

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Source:  OpenStax, American government. OpenStax CNX. Dec 05, 2016 Download for free at http://cnx.org/content/col11995/1.15
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