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Why is the Fourth Amendment important?
why is the fourth amendment important essay
a court case dealing with the fourth amendment
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Throughout the history, the American government preserved the privacy rights of the people 's privacy by the fourth amendment of the constitution. However, after 9/11 everything has changed. National Security Agency started national surveillance on possibly every internet connection.
According to Schneier (2015), US government has started spying on American citizens since the 60 's; however, their targets were antiwar activists, civil rights leaders and members of nonviolent dissident political groups. Furthermore, starting from the last decade NSA focused mainly in American Muslims in it 's goal to fight Alqaeda overseas. Also, Schneier (2015) indicated, that instead of focusing only one one citizens category, NSA decided to gather information
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The main purpose of the 4th amendment was to safeguard people 's freedom and privacy; it 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”(U.S. Const. amend. IV). Since the independence, US government tried to ensure the best for it 's people by legislating the laws that serve the citizens in the first place. One of the rights that the US constitution upholds is the right of freedom of speech. The US always had a free press and free media; this includes journalists and normal people. The fourth amendment of the US constitution stated literally that by law people are allowed to express themselves freely without the fear of being arrested. However, the 4th amendment is not a pretext to criminalize, especially in the web. The 4th amendment is not securing peoples rights only, but also it govern them; a part of the amendment is that people can be searched and seized only by an issues warrants. Petrashek(2010) emphasize that “Ordinarily, a search is reasonable only if police obtain a warrant prior to intruding upon the individual 's
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, 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 Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
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
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 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.
In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.
How much privacy do we as the American people truly have? American Privacy is not directly guaranteed in any manner under the United States Constitution; however, by the Fourth Amendment, Americans are protected from illegal search and seizure. So then isn’t it ironic that in today’s modern world, nothing we do that it is in any way connected to the internet is guaranteed to remain discreet? A Google search, an email, a text message, or even a phone call are all at risk of being intercepted, traced, geo located, documented, and stored freely by the government under the guise of “protecting” the American people. Quite simply, the Government in order to protect us and our rights, is willing to make a hypocrite of itself and act as though our right is simply a privilege, and without any form of consent from the people, keep virtual tabs on each and every one of us. In the words of Former Supreme Court Justice Louis Brandeis “The right to privacy is a person's right to be left alone by the government... the right most valued by civilized men." Privacy isn’t just Privilege, it is nonnegotiable right, and deserves to be treated as such.
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
Since the terrorist attacks at Sept. 11, 2001, the surveillance issue often has turned away the table in the debate of individual privacy or counterterrorism. By passing the Patriot Act, Congress gave President Bush an immense law enforcement authority to boost U.S's counterterrorism, and the President used his enlarged powers to forward specific programs in order to reduce the threat of terrorism and defend the country’s safety.
“The Fourth Amendment wasn't written for people with nothing to hide any more than the First Amendment was written for people with nothing to say.” (Dave Krueger). The Fourth Amendment protects the people's values, including the right of privacy. The Fourth Amendment includes, “The right of the people to be secure in their persons, houses, paper, effects, against unreasonable searches and seizure, shall not be violated.” When the founding fathers created the Constitution they ensured the people fundamental laws that would be used to any issue portrayed in the Supreme Court. That gave the people a relief that no one is ever above the law that is created. The privacy of the people was a very big value enforced by warrants. In the case of the
The Bill of Rights are the first ten Amendments to the Constitution. The Bill of Rights works to provide constitutional protection for the individual and to limit government power. The First Amendment and the Sixth Amendment protects the individual by allowing religious and political freedom, and by promising a public and speedy trial. The Fourth Amendment protects the individual’s privacy and limits the reach of the government into people’s homes and personal belongings. The three essential Amendments from the Bill of Rights are: the First Amendment- Religious and Political freedom: the Fourth Amendment- Search and Seizure: and the Sixth Amendment-Criminal Court Procedures.
The Fourth Amendment pertains to the rights of the people in making sure that they are secure in their persons, their homes, their papers, and effects, from unreasonable searches and seizures, without being violated, and no warrants shall be issued, but with probable cause. It is backed by oath or affirmation, and with specific description of the place to be searched, and the persons or things to be seized.
Ramsis #53 Mon. 4:00-6:40 History 110 Nobiletti 12/12/13 Four freedoms 11 months before the United States of America would declare war on Japan, President Franklin D. Roosevelt delivered a speech to the American people known as the “four freedoms” on January 6, 1941.1 The main purpose of this speech was to rally support to enter World War 2, however in order to declare war the United States of America had to abandon the isolationist policies that emerged out of WWI. These four freedoms would establish human rights after the war, but more importantly they would resonate throughout the United States for decades after the war. Some of these freedoms have remained the same, and some of these freedoms have changed throughout the years. We will be looking at three periods and comparing how the freedoms varied from each of the three periods.
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.
A major reason the U.S. needs to increase restrictions on the type and amount of data collected on individuals from the internet is due to the fact that the United States government can track communications and browsing histories of private citizens without warrant or cause. After the terrorist attacks of September 11, 2001, ...
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.