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.…
Neubauer, D.W. (2004). America 's Courts and the Criminal Justice System. Published by Thomson Wadsworth Criminal courts/ United States…
Search warrants are a major part of most investigations that take place everywhere in our country. What is a search warrant? It is basically a court order that is issued by a judge or any other type of Supreme Court official that authorizes law enforcement personnel, in most cases police officers, to conduct a search of a person, house, vehicle, or any other type of location. Evidence of a crime is what is mostly being searched for. Authorities will most often confiscate the evidence or objects of the crime.…
Most people do not realize that arrest records for every person in the community can be accessed completely free by anyone who has an interest..…
In some cases, one of the things that people do is to dispose of incriminatory objects, documents or things related to drug use, they often believe that evidence will not be found or do not take into account if there is a law enforcer who may take advantage of the situation. People are not aware that the law can use garbage obtain a search warrant for your home or vehicle without it being a search under the 4th amendment, especially in drug related crimes, most of the people think that they need a search warrant in order to register any part of their property, but the law considers garbage as an abandoned property in some instances and doesn’t believe that you should expect privacy in those cases, whether or not the garbage is protected from police searches without a warrant, relies on the decision of the court regardless of where was the garbage located in the property, when your garbage cans are actually put in the curb of your property, the court considers it to be abandoned property since any person can have access to it, but it your garbage is within the curtilage of your house the police will need a warrant in order to search it.…
The 4th Amendment to the Constitution was given to us for our own protection, it is a right we have to secure us against something called “unreasonable search and seizures” by the government. It limits and gives certain procedures so that the government cannot abuse their powers. The 4th Amendment makes sure that government officials do their jobs as they should, abiding by certain procedures that are describe on how government officials such as police officer’s or sheriff’s, pretty much all law enforcement can go forth with the search and seizure process (Wrightman ,Nietzel, & Fortune, 1994, p. 59-60).…
The Fourth Amendment of the U.S. Constitution protects the people of unreasonable searches and seizures, it gives the right to secure their persons, houses and no warrant shall be issue unless they have a probable cause. Is in our bill of rights, and it can’t be taken away form us no matter what the circumstance is. When the police decided to install a GPS tracking devise on the car of Antoine Jones without a warrant they broke Jones right.…
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 states that unreasonable searches or seizures are prohibited unless they have a warrant. the fourth amendment grew directly out o the colonists experience of unreasonable searches of there privacy and personal property. Even the king did not have the authority to search his peoples homes although government agents were allowed to search homes if the reason was lawful and they had a warrant. My family thinks this amendment is very important because of whats happening right now with the internet and individual surveillance. its more important than ever. The controversy is that the NSA and commercial (i.e. google) surveillance are eroding our privacy. I think the whole thing with the NSA seeing our emails is really creepy.…
In most cases, the government can not enter my dwelling without a warrant. The Founding Fathers created the Bill of Rights to protect the American people from their own government. One specific amendment, the Fourth Amendment, requires the federal government to get a warrant, signed by a judge, stating the area being searched, the person they are searching, or what they are going to search. There have been various occasions where the Fourth Amendment’s been brought up in court. Some of them include with federal agencies, Supreme Court cases, corporations, and well-known people.…
The statement, “The Fourth Amendment protects people, not places,” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses, papers, and defends them against unreasonable searches and seizures. However, to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant, give the government strict to stipulations as to how they are able to rightfully obtain information that is presumed to be private. Although Searches, Seizures and Warrants seem to have simple guidelines, they are each intricate categories.…
The 4th Amendment of the Constitution 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…, but upon probable cause…” That means that illegal searches and seizures are prohibited. Because of the 4th Amendment, people are protected and have a right to privacy. Without a legitimate reason the authorities cannot follow, watch, and collect information about general…
Government: I would like to think the Fourth Amendment still meant something in this country! I’m sure that our forefathers had no way of knowing how ridiculously easy it would be to gather and store information on the citizens of the United States of America. Still, the Fourth Amendment clearly states, “a search is any intrusion by the government into something in which one has a reasonable expectation of privacy.” That “something” should include the Internet and databases that collect information on citizens. There are those that would argue the government should have access as part of the…