# 376) Why do we have a 4th Amendment “Warrant Requirement”?

Описание: #Confessions don’t come easy to #CriminalDefenseLawyers but I’m an admitted history geek, so please accept my special thanks for asking me “Why do we have a 4th Amendment “Warrant Requirement”?

Before we won our independence from the British Crown, the #UnitedStates was nothing more than a series of colonies, populated by folks who’d traversed the #AtlanticOcean, many fleeing #KingGeorgeIII’s tyrannical rule. Yet 3,000 nautical miles later these folks found themselves still subject to the imperiousness of that Monarch. After a prolonged, bloody we won our freedom - or, as some say, "'ole #UncleSam was born". We secured our independence and enacted our #Constitution to establish a protocol for how our new Kingless Country would be governed.

Our #FoundingFathers and #FoundingMothers were wicked smart, drafting the #USConstitution with foresight and benevolence; but, they didn't get it absolutely correct in it's first draft, and modifications were required. In fact, because of some of it’s omissions, several Colonies opposed the Constitution’s ratification, only agreeing to endorse it because additions, or amendments, were agreed to in advance (as an aside today we call this a #ConditionPrecedent).

#The4th is 1 of #TheFirst10Amendments, collectively known as #TheBillOfRights, and it was added to the #BillOfRights on December 15, 1791 as a direct response to the King’s abuse of something called a #WritOfAssistance - a "Writ of Assistance" being a generalized, non-specific #SearchWarrant that was routinely issued by the British government, executed on colonial soil and was a significant source of tension in the mid to late 18th century. The 4th made it crystal clear that the "King's privilege" - meaning that British soldiers could enter, search, seize and secure wherever, whenever and "whyever" - even on a mere whim - wasn’t gonna fly anymore. #The4thAmendment manifestly prohibited our new government from acting as a de facto King and also served as a #CheckValve against any government search or seizure unless a #Warrant, based upon #ProbableCause, was first issued by a #NeutralAndDetachedMagistrate.

Of course the 18th century turned into the 19th, and then the 20th and now the 21st, and our Constitution has been and will continuously be interpreted as the times continue change.

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