Fourth Amendment Pros And Cons

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The Truth About 4th Amendment Rights The government and how the people perceive the laws and rules of the land have differed for many years, nor have there been many agreements when it comes to the Amendments especially the fourth Amendment. The right to have privacy and without a warrant shall not be searched or seized. With the fourth Amendment, there is always controversy because of the different viewpoints and perceptions of the nine exceptions to the Amendment. This is clearly demonstrated in the case Kyllo(DLK) vs United States(2001). DLK ended up being found with marijuana after being searched and seized from an issued warrant. While this is fine the controversy comes from the main evidence to obtain the warrant, which was pictures …show more content…

For example, the imager only detected the heat signatures from “The exterior if the petitioner’s house… it did not invade the home or reveal detailed activities within the home.”(E) Once again demonstrating plain view, but also demonstrating the true essence of a search, understanding what goes on inside of the building, while the officers who used the scans did indeed see heat which came from the inside of the house they did not and could not look inside the actual building itself, but only the exterior. This further proves the scan did not show anything private inside of the private household. Which is what a search is for to see and understand what is going on privately, and what the fourth Amendment is protecting. The fourth Amendment is used to protect the person's private information also the right to “be free in one’s home from unreasonable government intrusion is at the very core of the Fourth Amendment.”(D) This represents the meaning of the fourth Amendment is to allow people like DLK to be free inside of their own homes. Although the scan did see the outside the scan did not intrude on such freedom, as it does not give any information to what happens in “one’s home” because the scan cannot see inside of such home. In addition, the fourth Amendment does not protect places but people and what people will share with the public is not protected by the fourth Amendment. Which shows DLK has no intention of not sharing the information of the heat outside of the house and with the house being a place it is not protected by the fourth Amendment and looking at this information is not considered a search. Also many may argue he may not have known about the heat, but the fourth Amendment also states that what he seeks to keep private in a public place is protected, but DLK did not know about the heat

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