Fourth Amendment: Fundamentals Of Search And Seizure

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1. The Fourth Amendment protects the fundamental of search and seizure. Which in this case, discusses the importance of obtaining physical evidence and how it is used. In other words, the Fourth Amendment can be violated if the evidence gathered has been obtained unreasonably. The court argued that it is an individual right to keep information private and are protected regardless of the place they are in. In addition, they also mentioned if citizens have an “expectation of privacy” and society recognizes as reasonable then the Fourth Amendment avoids any search and seizure. The “expectation of privacy” applies to not only electronic surveillance but all forms of searches and seizures. The majority also rejected the penetration rule where a person’s rights can be violated even if the police never physically intrude his/her property or possessions. Justice Black dissents stating that the Fourth Amendment does not apply to the eavesdropping. Although he mentions that eavesdropping was unknown during the time the Fourth Amendment was written, he provides an ancient scenario where if eavesdropping had been a big deal back then, then it would have been written in the Fourth Amendment. 2.…show more content…
The Olmstead court did not make a similar distinction since the majority rejected the penetration rule. The Fourth Amendment was interpreted as protects against unreasonable search and seizures in protected areas and tangible items. Which would have led to wiretapping being
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