Have you ever had the suspicious feeling that someone was watching you? More often than not, it is just your mind playing tricks on you. With the introduction of so many new smart-technology products, it might not just be your mind playing tricks on you. These advancements in technology allowing for smart phones, smart TVs, smart watches, smart speakers, and even smart toilets have come at a great cost: our right to privacy in our own homes. Most of us purchase these products because they are the popular trend at the time.
On July 4, 1776 the Declaration of Independence was signed and The United States of America declared itself a separate and independent nation. On June 21, 1788 the United States Constitution was made official, replacing the Articles of Confederation. Since its ratification, the Constitution has been amended several times in order to better apply to current times and situations the Founding Fathers could not have predicted. Despite all the changes the Constitution has gone through, its core principles remain.
Based 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.
Apple is trying to protect the American people that own any apple product from the FBI. The FBI wants apple to unlock the phone from the San Bernardino 's but Apple is not doing it because it is against the 4th amendment. Since the FBI can’t get into it because Apple can not give permission to the FBI, also they don’t have any reason to look at the phone so Apple did not allow tat to happen. My opinion on this matter is that apple is doing the right thing, if the government was able to get a hold of all the information that a single person had on their phone, I am pretty sure people would be embarrassed because of all the personal information on their phones. If Apple gave them the right to look through their phone than the 4th amendment would be compromised and then that can start an up riot.
he fourth amendment was heavily rooted in the legal doctrine. The fourth amendment was created to limit the government 's power.
This exception should and should not be extended to warrantless searches when an officer has a good-faith belief that probable cause exists depending on the circumstances. A warrantless search is from a different perspective. It is a legally consented search due to exigent circumstances, emergency, and plain view. The warrantless search conducted by good faith should suppress the evidence only when the criteria of invalid consent are not meet. If an officer abuses their authority, harasses, prolong questioning, and intimidate a detaining this ruling should apply.
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.
Personal records given to the NSA or government without a probable cause or reasoning for a search warrant repels everything the Fourth Amendment represents. As said by Samuel Warren and Louis Brandeis “Now the right to life has come to the right to be let alone” with the government and other associations receiving the right to track records at any moment takes away from the feeling of security the Fourth Amendment is supposed to give citizens. The confidentiality of individual’s personal belongings, feeling of security, and freedom from governmental obstruction is what makes the Fourth Amendment important to society, although search-warrants can be issued with causes that seem reasonable.
The founders of the Constitution knew that it is important to protect citizens from violation of their privacy, especially to the respect of invasion of their homes. Therefore the fourth amendment came into existence to ensure that individuals rights will not be infringed. The fourth amendment and the exclusionary rule has protected individual rights against the police and other government agencies from, unreasonable search and seizures. Furthermore, the exclusionary rule has deterred police misconduct and as well as intended to discourage law enforcement from conducting illegal searches by stating that any evidence found during an illegal search will be dismissed and cannot be used against the defendant in a court of law. The supreme court case, Fremont weeks vs. United States, the Supreme Court ruled that since the evidence gathered during weeks case were through illegal means the court dismissed the case.
There are many interpretations of the word, “privacy”, just as there are many different types of privacy, all of which can be a contradiction at times. Discussions and steps to ensure one’s privacy can be seen all the way back to the Bill of Rights to today’s HIPPA Act. The age of technology has put one’s privacy in jeopardy at all times. Taking a look from a different aspect of privacy, the use of Unmanned Aerial Vehicles (UAVs) more commonly known as Drones, in the name of safety and security is bringing up some valid questions and concerns about a citizen’s privacy.
The Fourth Amendment was created in response to the British practice of issuing a general warrant—warrants that were not limited in scope. The ultimate check that the Amendment places on law enforcement is one of “reasonableness.” This creates two broad categories of searches: searches that would be unreasonable without a warrant and searches that do not require a warrant. For example, warrants are not relevant in the context of school administration. However, warrants have historically always been required in the course of ordinary law enforcement.”
In the law everyone is protected to have a “reasonable expectation of privacy” which makes it so high authority can’t search the person when or wherever they wish too. Over the years the fourth amendment has been looked at but not overly looked into. The fourth amendment in school has been tried many times over the years. School privacy has many different ways they go about it, but the most common for courts to decides it whether it was a reasonable search and seizure or an unreasonable search and seizure. “To make successful claims for protection under the Fourth Amendment for nonphysical invasion, individual must have genuine beliefs not only that they have expectations of privacy but also that these expectations are reasonable in the