United States was meant to expand the boundaries of the Fourth Amendment by making it more flexible, with the purpose of protecting citizens against invasive methods of surveillance from the government. Prior to this case the Court had ruled in the Olmstead v. U.S. that wiretapping did not violate a Fourth amendment violation since the government did not control the telephone wires and the agents did not trespass onto the property of Olmstead and it was gathered by hearing (souza). The Court said that there was no search or seizure since the government did not go onto the property or seized any papers that are protected under the Fourth Amendment ("Katz V. United…
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…
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…
Although the 4th amendment has been ratified with the Bill of Rights, it still seems to be constantly evolving with current opinions of the Supreme Court. Even in recent years, it appears that there are more loopholes developing through court case precedents which allows law enforcement to seemingly disregard the 4th amendment almost completely. In this cartoon it can be seen that law enforcement is able to disregard a citizens privacy rights with the permission of the Supreme Court.…
" 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.…
In my opinion, I believe that the 4th amendment is both good and bad depending on the circumstances. Sometimes there are people who blatantly have drugs that the cops can't frisk off until they have the warrant. By the time the police get the warrant, said suspect could have already gotten rid of the drugs. However, this also works the other way. Sometimes, the police search other people that they have false evidence on. Then this innocent person gets searched and it makes the searched person look bad in the future.…
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.…
In addition, we then went over a few amendments. One of the Amendments that I was surprised to learn about was Amendment number four. Amendment number four is specifically directed the government and law enforcement. It's telling the government that they can't have unreasonable searches, and seizures. I was shocked becuase the Constitution, Bill of rights and other important documents are all focused on what society can and cannot do and the fourth amendment's is not geared to us (society) but towards the govt in order for them to not abuse their power. So basically, the Fourth Amendment tells the government if they want a warrant , here’s whats required…
In my criminal justice classes, I learned that there are many amendments that protects citizens when they are arrested. After September 11, and the terrorist attacked, President Bush passed the Patriot Act. Many people were unhappy because it allows police officers and federal agents to invade our privacy. Many laws passed into effect and all the police departments started to share information with ICE, FBI and other federal agencies, nationwide and locally.…
“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 how the 4th Amendment in the Constitution is stated. This amendment means the police cannot search your house without a warrant or probable cause. It offers protection to the people from unlawful searches and seizures. Without the Fourth Amendment, the American people would have no privacy and that any soldier, government official, and law enforcement official, could enter people's homes whenever they pleased…
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 to the US Constitution protects all of us against unreasonable searches and seizures. Therefore, the police or any other law enforcement agents just can't search your property and take your things simply because they don't like you or just because they feel like it. They must have a good reason before they can search your home or office and seize things, such as contraband or evidence of a crime. When the Fourth Amendment is violated, any evidence that can be traced to the illegal search or seizure is fruit of the poisonous tree and can't be used against you and should be inadmissible at trial.…
For example, if law enforcement decided to wiretap a person of suspicions phone for evidence, this evidence would not be able to be used in court due that there was no consent from both parties on the phone. If these two parts of the Fourth Amendment were not implemented law enforcement would be able to search anyone at any time they felt necessary, and would that be fair to the community? No, it would…
The Fourth Amendment protects us citizens from the searching of our homes and private property without properly executed search warrants. If law enforcement wants to collect these records such as GPS tracking or cell phone tracking, they will need a search warrant based on probable cause. This constitutes a search under the Fourth Amendment because it violates the individuals reasonable expectation of privacy. You would think that your location would be private and expect it to remain private, but that is not the case. When law enforcement seeks the cell phone location and this individual is inside his or her house, they cross the line by learning facts about the interior of the home, which is clearly illegal without a warrant. Let's say the…
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.…