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.
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.
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.
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.
The constitutional issue I am analyzing is the violation of the fourth amendment. There have been many cases of people’s fourth amendment rights being violated, some times it is justified and other times it was violated unreasonably. It is very important that our fourth amendment rights are protected and US citizens private lives aren't being infringed upon and unreasonably searched. In the past recent years there have been Supreme court cases that involve the violation of the fourth amendment.
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.
If a natural disaster strikes my area and the power is out for weeks, one of the limitations would be that the people would not feel that safe. Security wouldn't be enforced and since there is no security, there could be several possibilities of theft. Another limitation would be searches for any and everything. Both of these limitations should be practiced, so even if there is a national disaster we could be ready. The 4th amendment can be used as an explanation of how the limits
The 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
Upon 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.
Our current body of search law is the ongoing process of the communication of legislation, case law, and Constitutional law. “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 to be searched, and the persons or things to be seized” (Taylor, Fritsch, & Liederbach2015). Numerous question is still raised on the specific details occurring in the searches and seizures of digital evidence. Overall, the questions focus on whether or not an activity is a "search" and whether a search is "reasonable."
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