William Daniels
Ms. Read
HN US History I
November 30th, 2015
The Evolution of the Fourth Amendment
After more than two hundred since the creation of the Bill of Rights and the Constitution, are these documents, the foundation of our government and laws, still relevant today? To determine the relevancy of the Bill of Rights and the Constitution, this paper will examine the Fourth Amendment. The Fourth Amendment is“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…(Fourth).”It was created in response to British officials unreasonably searching colonists and their belongings (Mclnnis). But does the Fourth Amendment still protect citizens against unreasonable searches …show more content…
He goes on to say that it is unrealistic for text, that is the foundation of the country, to hold up forever. Based on the fact that the writer of the Constitution believes in a “living Constitution”, it is reasonable to think that it was written with the intention of evolving. However, have the words of the Constitution and the Bill of Rights been interpreted differently since their creation? The best way to track this, is to follow Supreme Court cases dealing with the Fourth Amendment, as our technological world progresses. Olmstead v. United States and Katz v. United States are two similar cases, that exemplify the progression of the Fourth Amendment. Both of these cases are based around police wiretapping. The question in both, do the police require a warrant when there is no physical intrusion of privacy? In Olmstead v. United States(1928), Roy Olmstead was knowingly breaking the National Prohibition Act, by selling, handling, and transporting alcohol. The police, by wiretapping Olmstead’s call, were able to gather enough evidence to indict him. Chief Justice Taft delivered the opinion of the …show more content…
United States is an example of the Fourth Amendment’s meaning being extended to be up-to-date. In 2001, a federal agent used a thermal-imaging device to scan Danny Kyllo house, because the agent believed that Kyllo was growing marijuana. The scan revealed that the heat, emitted from the house. was due to high-intensity lamps that were used to grow marijuana ("Kyllo v. United States" Oyez). This Supreme Court Case was another opportunity to decide what falls under one’s Fourth Amendment protection. Does being secure in your own house protect you from thermal imaging devices? On June 11, 2001, Scalia delivered the opinion of the
Ms. Read
HN US History I
November 30th, 2015
The Evolution of the Fourth Amendment
After more than two hundred since the creation of the Bill of Rights and the Constitution, are these documents, the foundation of our government and laws, still relevant today? To determine the relevancy of the Bill of Rights and the Constitution, this paper will examine the Fourth Amendment. The Fourth Amendment is“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…(Fourth).”It was created in response to British officials unreasonably searching colonists and their belongings (Mclnnis). But does the Fourth Amendment still protect citizens against unreasonable searches …show more content…
He goes on to say that it is unrealistic for text, that is the foundation of the country, to hold up forever. Based on the fact that the writer of the Constitution believes in a “living Constitution”, it is reasonable to think that it was written with the intention of evolving. However, have the words of the Constitution and the Bill of Rights been interpreted differently since their creation? The best way to track this, is to follow Supreme Court cases dealing with the Fourth Amendment, as our technological world progresses. Olmstead v. United States and Katz v. United States are two similar cases, that exemplify the progression of the Fourth Amendment. Both of these cases are based around police wiretapping. The question in both, do the police require a warrant when there is no physical intrusion of privacy? In Olmstead v. United States(1928), Roy Olmstead was knowingly breaking the National Prohibition Act, by selling, handling, and transporting alcohol. The police, by wiretapping Olmstead’s call, were able to gather enough evidence to indict him. Chief Justice Taft delivered the opinion of the …show more content…
United States is an example of the Fourth Amendment’s meaning being extended to be up-to-date. In 2001, a federal agent used a thermal-imaging device to scan Danny Kyllo house, because the agent believed that Kyllo was growing marijuana. The scan revealed that the heat, emitted from the house. was due to high-intensity lamps that were used to grow marijuana ("Kyllo v. United States" Oyez). This Supreme Court Case was another opportunity to decide what falls under one’s Fourth Amendment protection. Does being secure in your own house protect you from thermal imaging devices? On June 11, 2001, Scalia delivered the opinion of the