Fourth Amendment And Privacy

377 Words1 Page

The Fourth Amendment protects tangible privacy but how does it apply to the intangible internet. The founding fathers had to create a law that could apply to future societies. As it would be for anyone to attempt to foresee the future the Founding Fathers had to use a different strategy flexibility. But just how much flexibility does the Constitution allow? Although government watches, and protects citizens it often creates conflict because it violates the Fourth Amendment, Liberty, and Security. The Fourth Amendment is very clear on what government cannot do regarding privacy and searches. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches, and seizures, shall not be violated,

American Civil Liberties: Do Americans Have Enough Protections for Civil Liberties, or Not?
1449 Words | 3 Pages
Typically the most basic civil liberties are found in a country’s bill of rights and then that country passes amendments as needed in order to grow the peoples’ civil liberties, or shrink them if need be. Now, in the case of the United States the people are not “granted“ civil liberties by the...
Read More
Essay On Exceptions To The Fourth Amendment
1445 Words | 3 Pages
The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief
Read More
4th Amendment Research Paper
720 Words | 2 Pages
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
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
Fourth Amendment Essay
587 Words | 2 Pages
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
Read More
Fourth Amendment
1026 Words | 3 Pages
The amendment that raises my own eye is the Search and Seizures Clause of the Fourth Amendment. Like most of the Bill of Rights, the Fourth Amendment has its origins in 17th and 18th century, English common law. Unlike the rest of the Bill of Rights, the Fourth Amendment's origins can be traced precisely it arose out of a strong public reaction to three cases from the 1760s, two decided in England and one in the colonies. Two cases from England, “Entick vs. Carrington” and “Wilkes vs. Wood”, involved plaintiffs who produced pamphlets criticizing the government. During the arresting, officials seized books and papers from the plaintiff’s property. A court agreed that the officers’ actions constituted trespassing. The third case occurred within the colonies and involved “writs of assistance,” which permitted officials to search for smuggled goods without specify which house or what goods.
Read More
The Fourth Amendment
950 Words | 2 Pages
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
Read More
Civil Liberties are Constitutional Protections Against the Government
1679 Words | 4 Pages
Today, we take such freedoms as the right to privacy and freedom of speech for granted. Our freedoms are not absolute, without limitations. Thus, when it comes to these freedoms, it is up to the Supreme Court to determine what the government can and cannot regulate. Because courts continually rule on what actions are constitutional and what is not, judicial interpretation shapes the nature of civil liberties. “I disapprove of what you say, but I will defend to the death your right to say it.” (Voltaire)
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
The Right To Privacy In The Constitution
718 Words | 2 Pages
Although a right to privacy is not explicitly mentioned in the Constitution, the Supreme Court has established that it is inherently protected by the Constitution. Explain the numerous ways that the Lacks family’s right to privacy was violated. Discuss the importance of the right to privacy. How has this right evolved over the course of American history? How is it being challenged by emergent technologies? How have groups of people such as African Americans, women, children, and most recently, immigrants, fought for legislation protecting their right to privacy? Cite specific court cases and/or current events.
Read More
Individual Privacy versus National Security
1933 Words | 4 Pages
The word “privacy” did not grow up with us throughout history, as it was already a cultural concept by our founding fathers. This term was later solidified in the nineteenth century, when the term “privacy” became a legal lexicon as Louis Brandeis (1890), former Supreme Court justice, wrote in a law review article, that, “privacy was the right to be let alone.” As previously mentioned in the introduction, the Supreme Court is the final authority on all issues between Privacy and Security. We started with the concept of our fore fathers that privacy was an agreed upon concept that became written into our legal vernacular. It is being proven that government access to individual information can intimidate the privacy that is at the very center of the association between the government and the population. The moral in...
Read More
Internet Privacy: Edward Snowden
1686 Words | 4 Pages
The government gives each American citizen a set of unalienable rights that protect them from the government’s power. These rights cannot be broken, yet the government violates the Fourth Amendment daily to find ways to spy on the American public under the guise of protecting against terrorism. In 2007 President Obama said the American administration “acts like violating civil liberties is the way to enhance our securities – it is not.” Americans need to understand that their privacy is worth the fight. The people need to tell their neighbors, their congressmen, and their senators that they will not allow their internet privacy to be violated by needless spying. American citizens deserve the rights given to them and need to fight for the right to keep them by changing privacy laws to include Internet privacy.
Read More
Privacy Rights
626 Words | 2 Pages
The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that are created by the need for defense and security.
Read More
Government Dictation
1751 Words | 4 Pages
...right (The right that prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.), Second Amendment right, and Fourth Amendment right (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). Our Government dictates every aspect of our lives by removing our right to make our own decisions. They could be labeled as criminals, traitors, and tyrants.
Read More
Should Celebrities Have Their Right to Privacy?
1573 Words | 4 Pages
In September 25, 1789, the First Amendment protects people’s privacy of beliefs without government intrusion. The Fourth Amendment protects one’s person and possessions from unreasonable searches and seizures. On February 1, 1886 in Boyd v. U.S. Supreme Court recognized the protection of privacy interests under the Fourth and Fifth Amendments of the U.S. Constitution. In the 1890s, the legal concept of pr...
Read More

Open Document

Wait a second!

Fourth Amendment And Privacy

American Civil Liberties: Do Americans Have Enough Protections for Civil Liberties, or Not?

Essay On Exceptions To The Fourth Amendment

4th Amendment Research Paper

Fourth Amendment Exceptions

Fourth Amendment Essay