Common law.docx CJS/315 Common Law and The Fourth Amendment University of Phoenix CJ

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 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 pu