On May 12, 2016 the court case Binks/McKay vs the United States challenged the idea of the Fourth Amendment. The case explains the situation between Binks and McKay, who claimed that the FBI violated their Fourth amendment rights when the FBI searched through their Facebook messages after being suspected of being terrorists. This occured when Binks and McKay were discovered to have been communicating with a supposed ISIS member. They had claimed to have no intentions of joining the terrorist group. In this case, Sam and Melanie (petitioners) reminded us that a warrant and reason for searching is a necessity when it comes to violating one’s right to privacy. However, court justices Danny and Nick both asked similarly: “Why do you think that violates their privacy?…
“The Fourth Amendment provides the people of the United States, the right 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 and things to be seized” (U.S Constitutional Amendments, 1972). The design of this Amendment is to create a type of barrier in order to protect individual rights to privacy, also preventing illegal search, and seizure of personal property. These search warrants are in…
In the case of Moreno v. Hanford Sentinel, Inc. Moreno decided to post her ideas about her local community on social media. Due to Hanford Sentinel reposting her post, Moreno and her family received threats. After Moreno sued Hanford claiming Hanford violated her right to privacy, the court decided you can only prevail of an invasion of privacy if the person demonstrated an expectation of privacy. This case supports the case of P.C. v. State of Olympus because Cruman did not demonstrate an expectation of privacy. Crumans Facebook account consisted of 30 members and since Cruman logged into his Facebook account voluntarily, it shows how Cruman did not have an expectation of privacy. Another case that connects to the case of P.C. v. State of Olympus is the case New Jersey v. T.L.O, where the vice-principal searched a student's bag due to suspicion and found she was dealing marijuana. From this, the court decided that searches are valid if done relating to the reason for the search and not overly intrusive. This relates to the case of P.C. v. State of Olympus because Cruman willingly came to the principal's office and stayed for the 2 1/2 hours. Also, Cruman was not forced to log into his Facebook account and instead logged on voluntarily. He also admitted to his drug activity without force from the principal. Since Cruman voluntarily cooperated with the principal, the search conducted was not intrusive and is therefore valid in court since it did not violate Crumans Fourth Amendment rights. All in all, Crumans search was legal due to the fact that Crumans Fourth Amendment rights were not violated because Cruman voluntarily cooperated with the principal throughout the…
Our forefathers with great fortitude put together a document that would be forever known as the constitution. This document addressed the rights of the citizens of the newly formed states. One amendment has been a focal point of discussion in recent weeks with the leakage of NSA protocol. The fourth amendment 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, but upon probable cause, supported by oath or affirmation, and particularly describing the place…
People charged with violations of the Patriot Act that involve internet users have had their Fourth Amendment rights violated by secret searches which is the government’s ability to search private property without notice to the owner and by trap and trace searches which collects addressing information about the origin and destination of communications not just the content. By the government using the secret searches they are able to find information that is not always available on the internet or outside of your computer or your home.…
A critical point to be noted is that the Fourth Amendment only applies to government action, which includes deputized individuals or those acting at the direction/behest of law enforcement. Additionally, the Fourth Amendment requires not only an actual expectation of privacy, but also, a societally recognized, reasonable expectation of privacy in the place or area searched.…
The United States has leaded the world as the dominant super power. Today many people around the world are wondering how did the United States come into existence and more importantly how has it been able to maintain its place as the most dominant nation. One thing which makes this country so great and contributes too many successful years is its democratic laws. Nobody wants a monarchy or a system which abuses the people without protection. The Founding fathers through time and intense debate came about with a declaration of independence, and a democratic constitution.…
The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. These pamphlets however ridiculed the king and his ministers. After finding this out the king issued warrants to have the pamphleteer’s homes ransacked and stripped of all their books and papers. Even back then the pamphleteers knew that their rights were violated and fought back. They stated that the searches were against them, similar to a “personal attack” rather than an attack on their information they held within their homes.…
" Social media is a way to connect with your friends and other people, but some people use it for bad things like terrorism or cyber bullying. These actions cause people like schools and the government to track or monitor people’s social media accounts. Some people say looking through social media pages to detain or punish people violates the 4th amendment which prohibits unreasonable searches and seizures. And others say getting people in trouble for what they post on social media violates their 1st amendment rites of freedom of speech. There was a court case called Morse v. Frederick about the 1st amendment which ruled that the 1st amendment does not prevent educators from suppressing students promoting illegal drug use at or near the school.…
· The Fourth Amendment protects American citizens’ “houses, papers, and effects, against unreasonable searches and seizures.” This means that if a government official or police officer wants to search your person or your property, he/she cannot do so without a judicial warrant and/or probable cause.…
All citizens of The United States deserve their privacy, but in those emergency situations where you have to invade someone’s privacy for the greater good of others than that’s acceptable. The Fourth Amendment offers and important safeguard against unjustified government surveillance, all of us are granted that right when we are born in the United 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, 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” (Hudson, 2010, p.363). In this essay we will explore what is reasonableness under the Fourth Amendment. A discussion of consensual encounters vs. detentions concerning search and seizure, we will also discus important cases that shape the fundamentals procedures of search and seizure.…
Courts generally have held the law to be constitutional on its face as an appropriate exercise of authority to protect national security, though historically it has been subject to abuse if applied broadly to otherwise protected activities, such as the right to free speech, rendering it a particularly dangerous tool by which government authorities may silence speech that they consider to be contrary to government interests. Parts of the Patriot Act explicitly allow determinations to be made based on an individual's beliefs or speech. The Patriot Act threatens exclusion not only to those who provide direct support to such organizations as Antifa, but also to those who provide encouragement. This activity could have a devastating effect on the…
The Fourth Amendment does not allow searches of personal items unless a warrant is used, but by tracking information on people it could help detect terrorism threats sooner. For example, President Obama claims that the data-collection programs “help prevent terrorism (Transcript: Obamas Remarks 4.3).” Even though people do not need a warrant to use these programs, people examine the phone numbers and length of calls, and by doing this it could ultimately protect the country from terrorism threats. Also, the U.S. Patriotism Act enables law enforcement agencies to search through “email and telephone communications, medical, financial, and library records (Legal Information Institute 1.1).” Furthermore, whenever the intelligence gathering community…
The Fourth Amendment of the United States of America constitution reads as follows; 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. It was ratified into the Bill of Rights on December 15th, 1791 and is the section that protects us against illegal and/or unreasonable searches and seizures of our homes, person or property and was drawn from the “Every man’s house is his castle” maxim celebrated in England. It was established as protection against…