Fourth Amendment Scenarios
The Fourth Amendment protects people from unreasonable searches and seizures (Hall, 2014). In the scenario, it is important to remember that the employer is a government entity and the Fourth Amendment was originally designed to limit government authority as it applies to unreasonable searches and seizures (Hall, 2014). You would not be able to make a strong argument that the government violated the Fourth Amendment in this scenario. The property, whether it is a laptop, cell phone, or tablet, belongs to the government. Government entities have policies that employees must read and sign specifically acknowledging there is no expectation of privacy on these devices owned by the government.
Changing the scenario still doesn’t bode well for the employee. The U.S. Supreme Court
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Again, the standards of use are clear and the expectation of privacy does not survive the government’s interest and already established case law. If using a personal thumb-drive in a government owned device, the employee would not have any rights under the Fourth Amendment for that thumb drive being searched and seized. Is the governments search or seizure unreasonable? It would not be once an employee introduced a device such as a thumb-drive into the government computer. The government has a vested interest in the cyber security of their network. Thumb-drives can have devastating effects when connected to a network. They make the governments system vulnerable to viruses, malware, and other threats that can compromise the security of sensitive information. Also, thumb-drives or devices like them make it extremely easy to obtain data that should not be removed from government computers. This again gives the government a reasonable interest in the protection of “their” property to search these personally used
The Fourth Amendment: The Most Important
117 Words | 1 PagesThe First Amendment is the most important, because of freedom of religion and freedom of speech. Many people think that the fourth amendment is the most important. They think this, because it is important for a person to be able to tell policemen “No” if they ask you if they could search your car or your house. I believe that the fourth amendment is really important, but you wouldn’t be able to tell the policemen “No” if you didn’t have freedom of speech. George Washington said,”If the freedom of speech is taken away then dumb and silent we may be, like sheep to the slaughter” (“Famous Quotes Freedom of Speech”).Without freedom of speech and religion we are nothing.
Petitioner Vs. Joelis Jardines Case Study
1901 Words | 8 PagesIn the foundational case of Katz v. United States, 389 U.S. 347 (1967), the Supreme Court broadened the scope of the Fourth Amendment by holding that it applies when there is a reasonable expectation of privacy. Looking further, does that mean that the government can contradict all Fourth Amendment protections by saying that employees should have no hope of privacy, according to the department’s policies? Determining the reasonableness of any search involves a twofold inquiry: first, one must consider 'whether the . . . action was justified at its inception'; second, one must determine whether the search as actually conducted 'was reasonably related in scope to the circumstances which justified the interference in the first place (Chemerinksy, E., 2010). The court decided this way because they majority felt that the searching of the home with the police dog is within the Fourth Amendment rights and was a reasonable search.
Arnie's Confidentiality Policy
2313 Words | 10 PagesBecause technology is continually growing, new laws are being passed regarding technology and confidentiality. This article questions the “invasive” internet searches and looks for a constitutional answer. As of now, no electronic device can be confiscated and searched without a warrant. This could prove to be beneficial for Arnie. If he was to report Mr. Bowen’s suspicious data to the police, they would be able to obtain a warrant to officially search Mr. Bowen’s computer.
4th Amendment Assignment
52 Words | 1 PagesUpon checking the 4th Amendment document, you are correct that the parking space should be 36 (10 reserved non-tandem parking spaces and 26 reserved tandem spaces) and it would be 34 if the penthouse space is terminated with 9 reserved non-tandem space and 25 reserved tandem spaces. It’s clear to us now.
Comparison Between Earl Warren And William Winquist
1604 Words | 7 PagesAfter being reviewed, the Court ruled that the search was not in violation of the Fourth Amendment. They said that “the realities of the workplace” did not give him the same privacy of being in his own home. It states that an individual’s workspace can be searched because it’s the safety of the workplace and the space is property of the business, not the employee. (O'Connor v. Ortega, n.d.).
Should The 4th Amendment Be Stricter?
167 Words | 1 PagesBilly is on the phone with Bob while they are talking on the phone and someone coughs and it is neither of them. Well, the government are the only ones who can hack phones and listen to phone calls, the 4th amendment has allowed this to happen. The 4th amendment has gavin the right to law enforcement to be cruel and unfair about a search and seizure. Without a warrant you cannot search a person, well not anymore, the government can search anyone at any time in some scenarios. Normally, there is an abundant amount of evidence used to be given the permission to search one’s belongings, but since 9/11 law enforcement needs little evidence to be provided a search warrant.
Dk Dbq Analysis
742 Words | 3 PagesAccording to the Fourth Amendment, people have the right to be secure in their private property, and may only be searched with probable cause. However, in a recent case, this right was violated by the government. An Oregon citizen, with the initials of DLK, was suspected of growing marijuana in his home. The federal government used a thermal imager to scan his home, and were later given a warrant to physically search his home. However, many remain divided over whether or not this scan was constitutional, as there was no warrant at the time of the scan.
Why The Fourth Amendment Requires A Probable Cause For Arrest
164 Words | 1 PagesThe Fourth Amendment requires a probable cause for arrest. Substantially, particular things are needed to legally conduct a search or seizure. This incorporates arrest, so a search, a seizure, or an arrest cannot take place without reason. Not to mention, there must be a "court order" for Apple to give the government "customer data." So, since a “court order” must be in place for Apple to give the government “customer data,” that “court order” would have to also take place for an arrest that could conceivably follow.
Fifth Amendment Pros And Cons
814 Words | 4 PagesHowever, despite these vast improvements, technology has also come with a lot of risks especially regarding personal information. Apple’s new finger scan feature may violate one’s right to use the fifth amendment which protects one from giving information that may self- incriminate one of a crime. The issue with Apple’s new software is that it
Argumentative Essay On The Fourth Amendment
427 Words | 2 PagesCell phone can unveil information within our call history, text messages, pictures, and even internet searches. Access to our cell phones is like access to our lives. No matter how much time passes, the fourth amendment continues to
Arguments Against The Fourth Amendment
379 Words | 2 PagesBased on an article written in the official website of Cornell University Law School titled “Fourth Amendment: An Overview” states that: "[t]he 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" (LII Staff). The Constitution, through the Fourth Amendment, shield's individuals from nonsensical pursuits and seizures by the government. The Fourth Amendment, in any case, is not a certification against all ventures and seizures, but rather just those that are regarded outlandish under the law. This is a great example for people who blame the government for allowing parent to implant microchips in their children.
Violating The Fourth Amendment
210 Words | 1 PagesThe fourth amendment can be beneficial but, it can also to some U.S. citizens be invasion of privacy. 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,” some U.S. citizens believe that Law Enforcement, the Government and the NSA are violating the required guidelines of the Fourth Amendment. The NSA is conducted a mass U.S. surveillance not to believe specific individuals may be engaging in terrorist activity, but instead to believe all of us may be engaging in such activity. The government mass surveillance proves that U.S. citizens are considered suspects at all times. With the Patriot Act the NSA has access to
Violation Of The Fourth Amendment
356 Words | 2 PagesAct violated the Fourth Amendment's guarantee against unreasonable search and seizure. According to NBC News. Another shocking finding from this case was that by asking [Judge Aiken] to dismiss Mayfield's lawsuit, the judge said, the U.S. attorney general's office was "asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would deprive it of any real meaning. This court declines to do so (Aiken). This came as a big shock to the nation because if the government was willing to ask for a dismissal of the lawsuit what else could they be doing behind our backs.
Bill Bryson Snoopers At Work
186 Words | 1 PagesIn the article, Snoopers at Work author Bill Bryson, suggests that nearly every American employee is being spied on in some way by their employers. Many companies have taken advantage of the advances in technology by using it daringly to spy on their employees by intruding in medical records and monetoring phone calls. Furthermore, other companies are observing their employees as they work by hiding recording cameras and spying on them secretly. Meanwhile, there is also a distinct paranoia around drugs. Multiple companies have introduced a regulatory system called TAD or tobacco, alcohol, and drugs which forbid their employees from consuming any of those substances at any given time, including in their homes; infact, these companies enforce
Importance Of The Fourth Amendment
1058 Words | 5 PagesWould you like your home to be searched in the middle of the night and have all of your stuff thrown on the ground just because a police officer may think that you have been doing something illegal? Luckily your Fourth amendment right protects you from this ever happening. The purpose of the Fourth Amendment is to protect U.S. citizens from unreasonable searches and seizures by the government. During the revolutionary war the British had imposed the writs of assistance which was a law that gave British government much more power over American Individuals. Americans were very unhappy with the writs of assistance because many would be thrown in jail without reason or a very weak one and their property would be destroyed by British officials
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