No, the use of the GPS without first obtaining a search warrant do not constitute an unreasonable search in violation of the Fourth Amendment because the Fourth Amendment permits police officers to conduct a warrantless search. The warrantless search allowed the police officers to attached a global positioning system GPS to Bernardo Garcia automobile. For instance, there was enough probable cause because the first person reported to the police that Garcia was using meth. The second person told the police that Garcia was going to manufacture meth. Even more, a store's security video system recorded Garcia buying…
According the Fourth Amendment, “protection applies only to situations where an individual has a subjective expectation of private that society willingly recognizes as reasonable” (Maras, 2015, p. 84). Thanks to the decision in the Katz v. United States case, the “reasonable expectation of privacy” test is used to established when law enforcement are allowed to conduct a search that does not violate one’s privacy (Maras, 2015). Information that is meant to be private and is contained in technology devices can be protected under the Fourth Amendment because the person’s intentions are to keep the information from the public (Maras, 2015). For example, in the Katz case there was a phone conversation that was admitted as evidence, but later found…
Explain the two-fold requirement discussed in Katz v. United States, for analyzing when a search occurs under the 4th Amendment.…
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 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.…
In the 4th amendment, 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, but upon probable cause...”9 This amendment protects the right to privacy of search and seizure. Also in amendment 5, it states “no person shall be held for a capital, or otherwise infamous crime unless on a presentment or indictment of a grand jury... ”10 This amendment protects the privacy not to talk, or the right to remain silent. None of these amendments including the others not stated say anything about the right to privacy, but the right broader than the actual…
In 1980 a high school teacher at a high school in New Jersey caught two girls smoking in one of the bathrooms. At that time students were allowed to smoke in some areas of the school but smoking in the bathroom was restricted. The teacher then proceeded to take them to the office where they met with the Assistant Vice Principal Theodore Choplick. T.L.O was one of the girls, she was a 14 year old freshman. T.L.O said that she had not been smoking but the second girl admitted that she had been smoking. Choplick then took T.L.O into his office and told her to let him see her purse. He opened the purse and found a pack of cigarettes, a package of cigarette rolling papers, a small amount of marijuana, a pipe, and some empty plastic bags. He also found a list of people who owed T.L.O money. Also contained within the letters was information that showed that T.L.O was selling marijuana. Choplick then called T.L.O’s mother as well as the police. When they arrived at the school Choplick gave the police…
Would the police violate a suspect’s Fourth Amendment rights against unlawful search and seizure by secretly placing a GPS tracking device on the suspect’s car for an extended time without first securing a warrant to do so? Explain. See, for example, United States of America v. Lawrence Maynard, 615 F.3d 544 (D.C. Cir. 2010); petition for rehearing en bane denied, United States of America v. Antoine Jones, 625 F.3d 766 (D.C. Cir. 2010).…
The Fourth Amendment is the most prolific source of constitutional litigation in American history, particularly with application to the states after its incorporation through the Due Process Clause of the Fourteenth Amendment. All the arrest that are made has to do with the fourth amendment, so that is something that has a big part in the arrests being made. Every search or seizures that are made by teachers, probation officers, police, airport security, or even a crossing guard are dealing with the fourth amendment. The Fourth Amendment is the constitutional sentry whenever someone's privacy is diminished by a governmental search or seizure. This protects them unless there is a reasonable suspicion or if there is a warrant. The Court declares,…
The Fourth Amendment protects three distinct rights. They are liberty, property and privacy. Taking into consideration along with research and survey, I believe that each of these rights are equally important. Together they provide for a complete and well-rounded way of life. Without liberty, our lives would be limited to what the establishment would allow and therefore, what privacy could we have without the right of choice. Property would have no value without the liberty to use it as I desire.…
The Fourth Amendment should not be taken lightly, when invading the privacy of people. For example, people do not need a warrant to retrieve a person’s document that they have already shared with someone. Consequently, personal information could be stolen, but these people are unaware that their individual material is being searched through, and is being kept in storage. Likewise, Daniel Zwerdling states that, since Facebook uses specific software that has the ability to recognize people in pictures, this invades people’s privacy. Because of this software, anyone can observe a picture of someone and automatically know who they are. In fact, according to David Sirota, the government does not trust people enough that they have to seize a person’s…
Without the Fourth Amendment of the Constitution, America would be a very different place. The framers of the United States Constitution anticipated the necessity of an amendment that would protect citizens from a government that would potentially overstep its boundaries. The Fourth Amendment was included in the Bill of Rights as one of the guarantees afforded to all citizens protecting rights to privacy and illegal search and seizure. In today’s society with the new technologies for surveillance, the government is able to closely watch its citizens. It is questionable to some whether this is a violation of the fourth amendment. It is necessary to have an amendment in place that will protect citizens from a government that tends to overstep…
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…
Individual rights under the Fourth Amendment can make or break a case in trial. According to the Fourth Amendment, “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.” This is a United States citizens Fourth Amendment right equally protected to all. This protects the people from the State and Federal Governments within their privacy. The Fourth Amendment also advises that a Law Enforcement Officer (LEO) must have probable cause before seeking a warrant. Probable cause is when there are enough facts, or totality of the circumstances, that a crime has happened. The LEO if seeking for a search warrant must state in the warrant what it is they will be searching for. For example, if an LEO seeks a search warrant for stolen property; the LEO must only check items in the house which could be stolen; i.e. televisions, computers, vehicles etc. The LEO checking a thumb drive, not putting on the warrant to check that equipment, which contains child pornography, would be an illegal search and seizure. Unfortunately, the defendant in this situation would have the evidence suppressed due to the illegal search.…
The Constitution of the United States provides for a system of checks and balance among the legislative, judicial and executive branches of the government. There are 33 amendments to the United States Constitution that Congress proposed as ratification since the Constitution was in effect since 1789. The fourth amendment to the United States Constitution declares that people must be secure in their homes and their persons against unreasonable searches and seizures. Additionally, the fourth amendment is part of the Bill of Rights was adopted by Congress and became effective in 1791. The relationship the fourth amendment has to constitutional rights is having probable cause and any evidence obtained without a warrant, cannot be used in the justice system. The Fourth amendment was evident during a landmark case of Weeks vs. the United States in 1914.…