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Haeun Lim Professor Sharifian GOVT 2305-73059 9 February 2018 Civil Rights versus Civil Liberties According to Stone (2014), there is a significant difference between civil rights and civil rights. For example, civil rights refer to the rights bestowed upon individuals by the law. It prevents any acts associated with discrimination of personages based on their unique traits. The uniqueness of people that may be used as a basis for discrimination may involve their racial backgrounds, religious affiliations as well as gender (Stone, 2014). However, civil liberties refer to the fundamental limits. The government prevents people from engaging in activities that may be subject to interference with the freedom of an individual.
An example of civil liberty involves the right bestowed upon people to express themselves. According to Stone (2014), the Fourth Amendment of the United States constitution promotes civil liberties by ensuring that people’s homes and property are not to be infringed upon by the law enforcement personnel through unwarranted searches. As such, it is mandatory for law enforcement personages to produce search warrants before searching an individual’s residence (Steinberg, 2013).
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the United States (2001) is an example of a court ruling. The supreme Court promoted civil liberty. It decided that the using of heat seeking equipment to search a house without the court order is in contravention of the Fourth Amendment (The Leadership Conference, 2016). The Supreme Court ruled in Florida v. Jardines case in favor of Jardines that it was unlawful that a dog had been used to search his home (Steinberg, 2013). Also, the use of drug-sniffing dogs without providing a search warrant also goes against the stipulations in the civil rights. The suspects must be known that a tracking device has been put and also produce a search
According 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.
The Fourth Amendment, which states that without warrants or probable cause, no searches can be executed, is essentially nullified by the Patriot Act. For example, sneak and peek searches in which law enforcement agencies can search residences and offices of Americans and not inform them of the search until after it
Our founding fathers created the Bill Of Rights which are the first ten amendments to the Constitution of the United States. One of the most important amendments is the Fourth Amendment. It 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”(p. 11). What are our founding fathers were trying to do is keep our country from a police state, a state in which law enforcement could enter our homes without probable cause. This protection provides the citizens of the
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 many people have used the fourth amendment for those purposes, the fourth amendment is only trying to protect people from unwarranted seizures. Without the Constitution, people would be doing whatever pleased them but the document gives people restraints and promotes
An illustration of this would be the passage of the Patriot Act in the wake of the terrorist attacks on September 11, 2001. The Patriot Act granted law enforcement agencies expanded authority to search and monitor anyone suspected of involvement in terrorist activities without obtaining a warrant from a judge. This was considered an infringement on civil freedoms since it allowed the government to conduct surveillance on its citizens without first providing them with a fair
"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". The 4th amendment was made based on the Founding Fathers experience with the Kings agents and the all purpose rit of assistances that they used abusively. Without the 4th amendment, we would be at the will of the police because they could come into our household, search anything and take whatever they want. "A reasonable expatiation of privacy" the 4th amendment secures the protection of the people
To begin, we need to understand the fourth amendment. The fourth amendment was created to prevent the government from breaching into our homes and convicting us of crimes based on evidence they discover within our homes. It was vital to state unreasonable searches in the constitution, and an unreasonable search is a search done without
Would 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
According to fine, we have civil liberties and civil rights(fine,2016). There is a significant difference. As a United State citizen, we have civil liberties. These are defined as our rights that grants the ability to do and say things individually(Fine,2016). These relate back to the bill of rights(Fine,2016).
Police officers and government employees may not search a person’s property unless they have a warrant. Some pros about the fourth amendment are privacy of citizens, secure property from
The first amendment allows us to share our opinions in several different ways. Peacefully resisting laws we disagree with is an important way to share our opinions and make a difference. Rosa Parks did not cause harm to any passenger on that bus, and she made an incredible impact. In today's times, we often have protests when a group of people feel that someone was unjustly killed, commonly centering around police brutality. These peaceful protests are perfectly fine to have.
"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". The 4th amendment was made based on the Founding Fathers ' experience with the Kings agents and the all purpose writ of assistances that they used abusively. Without the 4th amendment, we would be at the mercy of the police because they could come into our household, search anything and take whatever they want. "A reasonable expatiation of privacy" the 4th amendment secures the protection of the
Introduction The story of the Civil Rights Movements of African Americans in America is an important story that many people knew, especially because of the leadership Martin Luther King Jr. Black people in America, between 1945 and 1970 had to fight for rights because they had been segregated by white people, they didn’t have equal laws compared to white people. So they initiated the Civil Rights Movements to fight for getting equal civil rights.
In this paper, I will focus on the Civil Rights Act of 1964. I will provide the history, the important people involved in the establishment of the Civil Rights Act, the events that led to the act, and the reactions from the people, mostly Southerners, after the act was established. In the year of 1963, Blacks were experiencing high racial injustice and widespread violence was inflicted upon them. The outcry of the harsh treatments inflicted upon them caused Kennedy to propose the Civil Rights Act.