Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Questions on the fourth amendment
The fourth amendment
Questions on the fourth amendment
Don’t take our word for it - see why 10 million students trust us with their essay needs.
The Fourth Amendments “They may identify potential leads with respect to folks who might engage in terrorism, if these folks — if the intelligence community then actually wants to listen to a phone call, they’ve got to go back to a federal judge, just like they would in a criminal investigation.”(Obama’s remarks) President Obama said this in an interview regarding the NSA’s work on surveillance to protect the country while also following the Fourth amendment’s Guidelines. The fourth amendment can be beneficial to the government by allowing them to legally conduct search and seizures. The Fourth Amendment also allows law enforcement to access suspect’s phones and any electronic devices. It also allows law enforcement to access all suspects’ files. Even though, The Fourth Amendment can help Law Enforcement it can also invade privacy. Although some believe the Fourth Amendment promotes invasion of privacy, it is beneficial to the government because it helps protect citizens from illegal search and seizures, allows the IRS to access foreigners, and in some cases American’s emails/phones, and helps law enforcement access suspects’ files. …show more content…
Search and seizures are illegal and unreasonable without a search warrant, however one is not needed for abandoned property. The Fourth amendment helps so anything within the property cannot be seized without a warrant. A warrant is needed for a search but it can help find crucial evidence toward a crime. Evidence of a suspected crime must be good enough for a court to grant a search warrant to law enforcement for a search and seizure to be legal. If evidence of suspicion isn’t adequate enough a court will not grant a search warrant, that being the fourth amendment protecting the privacy of innocent people. As the fourth amendment protects the privacy of people it also helps law enforcement access phones to find
To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under
The Supreme Court has held that vehicle searches are permitted if the arrestee is unsecured and is reaching distance from the passenger compartment or if the vehicle would have evidenced related to the arrest. Riley v. California, 134 S.Ct. 999 (2014). Searches based on information received from a seized cell phone must be permitted by warrant. Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710 (2009).
Is the American government trustworthy? Edward Joseph Snowden (2013) released to the United States press* selected information about the surveillance of ordinary citizens by the U.S.A.’s National Security Agency (N.S.A.), and its interconnection to phone and social media companies. The motion picture Citizenfour (2014), shows the original taping of those revelations. Snowden said that some people do nothing about this tracking because they have nothing to hide. He claims that this inverts the model of responsibility. He believes that everyone should encrypt Internet messages and abandon electronic media companies that track personal information and Internet behavior (op.cit, 2014). Snowden also stressed to Lawrence Lessig (2014) the importance of the press and the first amendment (Lessig – Snowden Interview Transcript, [16:28]). These dynamics illustrate Lessig’s (2006) constrain-enable pattern of powers that keep society in check (2006, Code: Version 2.0, p. 122). Consider Lessig’s (2006) question what is “the threat to liberty?” (2006, p. 120). Terrorism is a real threat (Weber, 2013). Surveillance by social media and websites, rather than the government, has the greater negative impact on its users.
Privacy comes at a cost. It brings people who fight for the people the privacy of others when it is violated together. Cops not being able to search when they seize a cell phone makes them risk their lives because how people these days are, there could be bombs in the phone. Even though this amendment was ratified, people to this day still don’t have privacy they rightfully deserve. This effects me because I’m able to keep special information to myself. Also, if a police pulls over a family member and ask for their phone to investigate without giving a proper reason or having a warrant, that family member could say no. If a police hasn’t given you a good reason to hand something over, you have the right to resist or else the police are being unconstitutional. This amendment gives people the safety to do what they want(that’s legal). It also makes life better, but harder. Life is harder with this amendment because you have to watch out for who you trust that they won’t do anything to jeopardize your safety. This is relevant because a man in Indiana was tracked down by a GPS. It didn’t violate his 4th Amendment because the police got a warrant to put a tracking device in his mom’s car. This case represents how technology gives advantages and disadvantages. An advantage was that they were able to track him down for a burglary. The disadvantage would be that if they hadn’t gotten a warrant, he could have filed a lawsuit against
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found in the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a particular case. The 4th Amendment only applies when certain criteria are met. The first criterion is that the government must be involved in a search or seizure via government action.
Government could bust into your home and go through anything they wanted for no reason whatsoever. In countries where it is legal for law enforcement and government to search without probable cause, the people fear living everyday. The 4th amendment should never be infringed upon. Considering Immigrants leave their home overseas to become American citizens, America needs to remain as free as possible to ensure the citizens feel safe. This amendment is important because it regularly compels the government to follow and obey a clear standard when it comes to American’s privacy and the idea that we are always innocent until proven guilty, and that our privacy is protected first and foremost until there is reasonable
Edward Snowden is America’s most recent controversial figure. People can’t decide if he is their hero or traitor. Nevertheless, his leaks on the U.S. government surveillance program, PRISM, demand an explanation. Many American citizens have been enraged by the thought of the government tracing their telecommunication systems. According to factbrowser.com 54% of internet users would rather have more online privacy, even at the risk of security (Facts Tagged with Privacy). They say it is an infringement on their privacy rights of the constitution. However, some of them don’t mind; they believe it will help thwart the acts of terrorists. Both sides make a good point, but the inevitable future is one where the government is adapting as technology is changing. In order for us to continue living in the new digital decade, we must accept the government’s ability to surveil us.
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.
A search and seizure is the phrase that describes law enforcement's gathering of evidence of a crime. Under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises this also includes vehicles. Any seizure of tangible evidence, must be reasonable. Normally, law enforcement must obtain a search warrant from a judge, specifying where and whom they may search, and what they may seize, though in emergency circumstances, they may dispense with the warrant requirement.
All in all, the fourth amendment grants protection from unnecessary police harassment, and with the recent invasion of cell phones, the government contradicts that by trying to tell its citizens that cell phone intrusion and programs like the NSA are for the protection of civilians.The government is trying to make us believe that it’s for the protection of it’s civilians but the government has not been successful at tracking any of the “terrorists” or threats. Even if they were wouldn’t they want to make it clear that this tracking of cellphones is actually getting the job done, not just collecting data. That is why there have been protests to stop this unnecessary invasion of privacy.
Video cameras are being deployed around the nation to help with crime solving, but some people are concerned about their privacy. Having cameras to monitor public areas have shown to be useful in situations such as identifying the bombers of the Boston marathon in early 2013. There have also been issues with these cameras however, as people are concerned they are too invasive of their privacy and have been misused by police officers in the past. Some people want to find a balance in using cameras in public so that they can continue to help with crime solving while making sure they are not too invasive and are properly used.
2) It is getting ever easier to record anything, or everything, that you see. This opens fascinating possibilities-and alarming ones.”
The right to privacy is our right to keep a domain around us, which includes all those things that are apart of us, such as our body, home, property, thoughts, feelings, secrets and identity. The right to privacy gives us the ability to choose which parts in this domain can be accessed by others, and to control the extent, manner and timing of the use of those parts we choose to disclose (Privacy Concerns 1). “Everyone has the right for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right…” (Privacy concerns 2). In 1998, the Human Rights Act, the act sets out the fundamental rights and freedoms that individuals have, came into force; it incorporated the European Convention on Human Rights, Article 8 which protects the right to private and family life. Was the first time there was a generalized right to privacy recognized by law in this country.
The fourth amendment of the constitution states, “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.”(United States Constitution). The government’s surveillance violates this right, as collecting sensitive information of individuals is an “unreasonable search.” However, the NSA is currently utilizing a loophole that allows them to cull data without a warrant. According to Axel Arnbak from Harvard University’s Berkman Center for Internet & Society, this exploitation of the loophole may leave Americans “as vulnerable to surveillance, and as unprotected as the internet traffic of foreigners.”(Whittaker).. An instance of data collection conducted beyond the law was Project MUSCULAR. According to CBSNEWS, Project MUSCULAR consisted of collecting approximately “180 million user records from Google and Yahoo datacenters.”(Whittaker). The project was able to be accomplished because the data gathering occurred overseas. These projects indicate that the government is taking advantage of the loopholes in the law to gather as much information as possible. CBSNEWS also mentioned how the 9/11 terrorist attack brought the patriot act into existence. The patriot act lets the government collect data to fight terrorism. However, a warrant is required in
Privacy rights are embedded under the Fourth Amendment, which states that citizens are protected against unreasonable search and seizure. But the Patriot Act, which was passed after 9/11, allows the FBI to acquire telecommunication, financial, and credit records without a court order. Furthermore, the Foreign Intelligence Surveillance Act of 2008 allows Untied States private and public companies protection from being sued by their customers when they comply with illegal government surveillance requests. Such acts have provided laws that do or do not protect citizen’s privacy on their personal digital devices. The most notable act was the Electronic Communications Privacy Act that was enacted in 1986. The ECPA identified standards for law enforcement access to electronic communications and data, affording privacy protections to people who use emerging technologies today.