Fourth Amendment Essay
In 1928, Justice Louis Brandeis wrote in his dissenting opinion “the greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding”. The men of zeal, described by Brandeis, were police officers trying to enforce the Prohibition Act. He would never have been able to fathom the modern men of zeal fighting the “War on Terror”. The modern era has carried questions of how far the Fourth Amendment and the right to privacy should and does extend to protect the rights of the individual. With advancing technology, there are more legal lines to be drawn in the sphere of privacy as well as determining how far the Fourth Amendment extends. Some of these topics include government watch lists, mass
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That is “those who give up liberty for temporary security deserve neither”. Although the meaning behind the quote is largely debated, I am taking it at face value. I believe that the government should have to stick to the spirit of the parameters set in the Fourth Amendment, which mandates that their must be a warrant as well as probable cause for search and seizure. Therefore, of the five options listed in the scenario, I wholeheartedly disagree with four of them on the grounds that they seem to violate the Fourth Amendment. For the sake of debate, the rights will be listed from most willing to give up to …show more content…
Assuming that the surveillance would not include email collection or phone tapping, this could still be an agreeable term. As outlined in Scalia’s opinion in the 2012 United States v Jones case that there is not a “reasonable expectation of privacy” in public places (565 US __2012). The case references placing a GPS on the underbody of a Jeep and tracking its location in public. If that were the case of surveillance here (vehicle GPS on the underbody or surveillance of the outside of the home for traffic) then this is still a liberty I would be willing to sacrifice for a week as I do not have the expectation of privacy anyway. If the surveillance is more intensive then I would object to
That is “those who give up liberty for temporary security deserve neither”. Although the meaning behind the quote is largely debated, I am taking it at face value. I believe that the government should have to stick to the spirit of the parameters set in the Fourth Amendment, which mandates that their must be a warrant as well as probable cause for search and seizure. Therefore, of the five options listed in the scenario, I wholeheartedly disagree with four of them on the grounds that they seem to violate the Fourth Amendment. For the sake of debate, the rights will be listed from most willing to give up to …show more content…
Assuming that the surveillance would not include email collection or phone tapping, this could still be an agreeable term. As outlined in Scalia’s opinion in the 2012 United States v Jones case that there is not a “reasonable expectation of privacy” in public places (565 US __2012). The case references placing a GPS on the underbody of a Jeep and tracking its location in public. If that were the case of surveillance here (vehicle GPS on the underbody or surveillance of the outside of the home for traffic) then this is still a liberty I would be willing to sacrifice for a week as I do not have the expectation of privacy anyway. If the surveillance is more intensive then I would object to