On the Fourth Ammendment of the Constitution

684 Words2 Pages
bulb-icon

Recommended: Fourth amendment analysis

According to the Fourth Amendment, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Without the Fourth Amendment, people would have no rights over their own personal privacy. Police officers could just enter people’s houses and take anything that they could use as evidence and use it against them. With the advancement in today’s technology, it is getting more and more difficult to define what exactly privacy is to us, and whether or not the Fourth Amendment protects it. In the Supreme Court case of United States v. Jones, FBI agents had a suspicion that Antoine Jones was involved in drug trafficking activities. To help federal agents with the case, they attached a GPS tracking device on his car to track his every move. The authorities were given a warrant to place the device in 10 days and only in the District of Columbia, but instead, they placed it in the 11th day in Maryland. After a month of tracking him, they linked Jones to a stash house with almost $850,000 in cash, a kilogram of crack cocaine, 97 kilograms of powder cocaine, and also items to package the narcotics. He was sentenced to life in prison for possessing cocaine with the intent to sell and distribute it. Jones filed an appeal that reached the U.S. Supreme Court. He argued that placing the GPS tracking device on his vehicle was a violation of his Fourth Amendment right because they invaded his private property without a proper warrant. Because of this, his conviction was invalid since the evidence used against him was obtained illegally. The key issue of the case was whether or not Jones’ Fourth Amendment right was violated or not. After a careful delib... ... middle of paper ... ...l Law Review. 06 Feb. 2012. 20 Nov. 2013 . Thompson, Richard M. "United States v. Jones: GPS Monitoring, Property, and Privacy." Congressional Research Service. 30 Apr. 2012. 18 Nov. 2013 . "UNITED STATES v. JONES." Legal Information Institute: Cornell University Law School. 19 Nov. 2013 . "UNITED STATES v. JONES." The Oyez Project at IIT Chicago-Kent College of Law. 18 Nov. 2013 . "US v. Jones Concerning Warrantless GPS Installation and Tracking Under the Fourth Amendment." EPIC - Electronic Privacy Information Center. 18 Nov. 2013 .

Show More
Related

  • The Case Of The US V. Jones Case Is Judicial Review?

    1110 Words  | 3 Pages

    ... consent to the installation, this action should be considered as a “trespass” (Supreme 7). Dreeben has a weak following statement saying that it could be counted as a “technical trespass” but that would then make U.S. v. Karo a technical trespass (Supreme 7). Here, Dreeben illustrates the “but he did it too” tactic that younger kids use when they are questioned after getting in trouble. Kids say this when they really do not know what to say or how to justify their actions. Dreeben realizes that this would be considered as a trespass which would then mean that it was a violation of the Fourth Amendment. However, he tried to revert to the method of putting the blame of someone else because he struggled at justifying an opposing view towards Jones during this time. The court moves on from the trespassing issue to the topic of warrants for the GPS (Supreme 17).

    Read More

  • New York Times Co. versus United States: The Security of Secrets

    1965 Words  | 4 Pages

    “NEW YORK TIMES v. UNITED STATES.” The Oyez Project. llT Chicago-Kent College Of Law, n.d. Web. 5 Dec. 2013.

    Read More

  • Dred Scott Decision

    1109 Words  | 3 Pages

    Vbansal. “The Effects of Dred Scott V. Sanford.” Associated Content. 06 August 2007. 26 May 2010.

    Read More

  • 4th Amendment Research Paper

    720 Words  | 2 Pages

    The 4th amendment protects people from being searched or having their belongings taken away without any good reason. The 4th amendment was ratified on December 15, 1791. For many years prior to the ratifiation, people were smuggling goods because of the Stamp Act; in response Great Britain passed the writs of assistance so British guards could search someone’s house when they don’t have a good reason to. This amendment gave people the right to privacy. “Our answer to the question of what policy must do before searching a cellphone seized incident to an arrest is accordingly simple - get a warrant.” This was addressed to officers searching people’s houses and taking things without having a proper reason. I find

    Read More

  • The Stonewall Riots

    1224 Words  | 3 Pages

    BOWERS V. HARDWICK, 478 U. S. 186 :: Volume 478 :: 1986 :: Full Text." US Supreme Court Cases from Justia & Oyez. .

    Read More

  • Fourth Amendment Exceptions

    2959 Words  | 6 Pages

    The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v. Greenwood (1988) which deal directly with the question of whether a person can have reasonable expectations of privacy as provided for in the fourth amendment with regards to objects in an open field or in plain view.

    Read More

  • The Second Challenge: Imperial Judiciary

    1279 Words  | 3 Pages

    Jost, Kenneth. "The Federal Judiciary." CQ Researcher 8.10 (1998). CQ Researcher. SAGE Publications. Web. 01 Mar. 2011. .

    Read More

  • Importance Of The 4th Amendment

    1407 Words  | 3 Pages

    A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.

    Read More

  • Ward V Texas Case Study

    1219 Words  | 3 Pages

    When officers arrived at the living area of Johnson and his roommate, Benner Brewer, they did not have a warrant to search Johnson’s area, which violated his 4th amendment rights against a warrantless search.

    Read More

  • The Government is Wiretapping You

    1485 Words  | 3 Pages

    Micek, John L. “Is your cellphone protected by the 4th Amendment? Maybe not: What do you think?”The Patriot-News. (29 Apr. 2014).Web. 29 Apr. 2014

    Read More

  • Essay On Des Moines Independent Community Schools

    579 Words  | 2 Pages

    Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.

    Read More

  • Loving v. Virginia (388 U.S. 1)

    2066 Words  | 5 Pages

    Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.

    Read More

  • Amanda Knox and Italy's Legal System

    896 Words  | 2 Pages

    Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.

    Read More

  • Justice Ruth Bader Ginsburg

    2637 Words  | 6 Pages

    pp. pp. pp Kay, H. H. (2004, Jan). Ruth Bader Ginsburg, Professor of Law.

    Read More

  • Should Celebrities Have Their Right to Privacy?

    1573 Words  | 4 Pages

    Rosen, Jeffrey. "The End of Privacy: How Bill Clinton Lost the Right to Be Left Alone." New Republic. Feb. 16 1998: 21-23. SIRS Issues Researcher. Web. 07 Feb. 2014.

    Read More

More about On the Fourth Ammendment of the Constitution

Open Document