In Kyllo v. United States (2001), the police used a thermal imaging device in order to procure evidence that Kyllo was growing marijuana in his home. With the information obtained from the device, they were ...
... middle of paper ...
These cases demonstrate the issues courts have faced in the categorizing of new technologies under the Fourth Amendment. They need to rely on figurative language to make comparisons when the technology is hard to comprehend or classify. They need to rule on whether there are limits of technology and its impacts on personal property and privacy. Finally, they need to question whether certain personal information can be considered private and whether public disclosure is necessary when companies give customer information to government entities. The law is rapidly changing in these areas, and it will take some time for the courts to catch up to technology and standardize rulings across the board.
Solove, Daniel J., and Paul M. Schwartz. Privacy, Information, and Technology. 3rd ed. New York: Wolters Kluwer Law & Business, 2011. Print.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- The Fourth Amendment of the Constitution pertains to search and seizure and exists in order to protect citizens of the United States from unreasonable inquiries and detainment. The exact wording 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 (“Fourth Amendment”, 2014., p.... [tags: Fourth Amendment to the US Constitution]
1659 words (4.7 pages)
- ... An officer of the law would need a warrant to perform the search and has to have probable cause in order to search a person and their property. The Fourth Amendment is implicated in a search when someone is pulled over by the cops, when being placed under arrest, when officers enter the individual home to make an arrest, and when the person’s property has been taken. In order to search someone person or property a warrant would have to been issued based on probable cause. A warrant is a legal document issued by a government official authorizing the police officer to be able to enter the property to perform search, make an arrest, and confiscate evidence during the search.... [tags: Fourth Amendment to the US Constitution]
706 words (2 pages)
- ... “Besides its general character, said the court, the warrant was bad because it was not issued on a showing of probable cause and no record was required to be made of what had been seized” (Justia Law) While all of the Constitution is important, this is one of the more important parts in my mind. Simply because before this was added, police did not have to have a reason to come in to your house and search your property, or even to search your person. King George the Second passed so many tax collection laws that smuggling became very common place in America, it was common place to be stopped and harassed by the police because they wanted to make as much money off America as possible.... [tags: Fourth Amendment to the US Constitution]
813 words (2.3 pages)
- Of the various places and things the Fourth Amendment protects, “the home is first among equals.” Florida v. Jardines, 133 S.Ct. 1409, 1414 (2013). For Fourth Amendment purposes, places and things protected includes the home and its curtilage, which is the area “immediately surrounding and associated with the home.” Id. Where there is no reasonable expectation of privacy, there is no Fourth Amendment protection coverage. See Katz v. United States, 88 S. Ct. 507 (1967). To determine whether a legitimate expectation of privacy exists, the court must determine whether an individual possessed 1) an actual (subjective) expectation of privacy in the place or thing searched; and 2) whether the expe... [tags: Fourth Amendment to the US Constitution]
1281 words (3.7 pages)
- Abstract The United States Constitution contains basic rights, and some of those rights are the First Ten Amendments, that are known as Bill of Rights. In the Bill of Rights, the Fourth Amendment protects the people from unreasonable search, seizure and arrest. This paper will explore the history of the Fourth Amendment from the beginning until it was incorporated in the Bill of Rights, arrests, searches, exclusionary rule, warrant requirements, the fruit of the poisonous tree and what it is the USA Patriot Act.... [tags: Fourth Amendment to the United States Constitution]
1997 words (5.7 pages)
- One of the most important amendments in the United States Constitution and which is also part of the Bill of Rights is the Fourth amendment. The Fourth Amendment protects people from being searched or arrested by police officers or any law enforcement without a reason. An officer may confront you and ask to search your house but if they don’t have a search warrant, they cannot legally pursue it without good reason and permission from a judge. Now what happens when a person is being arrested. Does the police or any law enforcement need a search warrant.... [tags: Fourth Amendment to the US Constitution]
708 words (2 pages)
- Introduction The Fourth Amendment to the U.S. Constitution was drafted by the Framers to protect the right to be free from governmental intrusion. Without a warrant and probable cause, an officer may not enter a home and search it. The use of GPS technology, however, enables the government to collect the same information without ever leaving the office. Thus, GPS based surveillance presents the issue of what protection the Fourth Amendment offers. Current Fourth Amendment jurisprudence offers little protection from warrantless surveillance.... [tags: Fourth Amendment, Rights, United States]
1599 words (4.6 pages)
- ... The United States Supreme Court granted certiorari to address his constitutional claims. The Court dispatched with Schmerber’s Sixth Amendment right-to-counsel claim, and Fourteenth Amendment due-process claims quickly, but examined his Fifth Amendment right against self-incrimination and Fourth Amendment claims much more closely. Schmerber’s argument that his right to self-incrimination was violated hinged on the idea that by taking a sample of his blood against his will, Schmerber was being compelled to provide evidence against himself in a criminal case, in direct violation of the Fifth Amendment.... [tags: Fourth Amendment to the US Constitution]
1279 words (3.7 pages)
- “Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.” Abraham Lincoln made this statement in referring to the emancipation of the slaves. Even though the statement has nothing to deal with the Fourth Amendment, or the Search and Seizure laws within the Constitution, what is stated still brings about a good point relating to the Constitution. The fact being brought out of this quote is that the Constitution’s purpose is to safeguard Americans’ liberties.... [tags: Fourth Amendment, Abraham Lincoln, presidents, con]
1363 words (3.9 pages)
- Article VI 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.” –U.S. Constitutional Amendments Preface I choose the fourth amendment for two reasons: - It recognizes a right that, inevitably, cannot be taken away from a person.... [tags: essays research papers]
950 words (2.7 pages)