Comparing The Fourth Amendment In Relation To Computer And Electronic Evidence

Improved Essays
Fourth Amendment in Relation to Computer and Electronic Evidence
The Fourth Amendment was drafted to regulate searches of homes and physical property, and has developed clear rules to regulate entering and retrieving mechanism of traditional physical searches. Computer searches involves lots of magnetized spots on metal disks, transforming those spots into data that is processed and directed to users through monitors. On the other hand, if the police have a warrant, the warrant allows them to take away any evidence named in the warrant. Once they take away the physical property that is considered seizure which is reasonable if the property is named in the warrant. Also, the police can take away other evidence that they come across in plain

Related Documents

  • Improved Essays

    Fourth Amendment right were violated is because the thermal imager that the U.S. Government used broke the five senses rule. In Document D it states,”When technology can exceed the natural senses, it subverts the human ability to contain private matters in a normal way.” DLK tells us in his opinion, that if…

    • 820 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    People V. Ulysis Parriss

    • 1291 Words
    • 6 Pages

    .When it comes to getting arrested the police can do it two ways, they can do it with a warrant or without one. However both must have probable cause. The fourth amendment is what protects us from unreasonable searches and seizures. The two important thing with this amendment is the requirements of probable cause to get a warrant and it how it prohibits unreasonable search and seizures.…

    • 1291 Words
    • 6 Pages
    Improved Essays
  • Decent Essays

    Although the Fourth Amendment protects people’s privacy, stops citizens from being ambushed, and keeps them safe from unfair arrests there is still a down side to the Fourth Amendment. For instance it prolongs the gathering of information involving a crime. Sometimes it makes the case go on for years and the felon is never convicted even though they broke the law, but they never had time to get enough evidence to convict them so they get away. Some people might say that they believe all Americans should be considered suspects and that therefore the government has probable cause for surveillance. (Avalon pg.1 pr.16)…

    • 232 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    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).…

    • 1916 Words
    • 8 Pages
    Great Essays
  • Great Essays

    Moot Court Case

    • 1647 Words
    • 7 Pages

    DAVID FALLSBAUER’S RIGHTS UNDER THE FOURTH AMENDMENT WERE VIOLATED BY THE POLICE OFFICERS, BECAUSE WHEN FACED WITH AMBIGUITY REGARDING THE A THIRD PARTY’S CONSENT TO SEARCH THEY FAILED TO MAKE A FURTHER INQUIRY. BY DOING SO, THE OFFICERS VIOLATED DAVID’S RIGHT TO PRIVACY. The primary question before this Court is whether police officers must make a further inquiry when faced with an ambiguity regarding a third party’s consent to search. The Federal Circuit Courts of Appeals have taken different views when deciding the actions a police officer must take when faced with an ambiguity pertaining to third party consent. It is crucial to our society that a person’s right to privacy is protected and able to be exercised.…

    • 1647 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    As years passes by the law for The Fourth Amendment changed until it was it was worded properly and for everyone to understand the meaning behind the Amendment. With all the changes to the amendment made the Constitution stronger by giving everyone their rights to privacy without any probable cause or seized anything without a probable cause. The government cannot search or seized anyone property without a warrants. If the police has a suspicion that a crime has or is being committed they are allow to arrest the suspect without a…

    • 570 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Fourth Amendment In Texas

    • 492 Words
    • 2 Pages

    As well the court also stated that detaining a person to require him to identify himself with lack of evidence against him/her violates their Fourth Amendment right. The Fourth Amendment requires such action,or that the seizure should be carried out pursuant to plan embodying explicit,neutral limitations of individual officers. In other words, a police officer can’t arrest you,detain you,or search you without a search warrant or an arrest warnat. Though there are some expectations on getting search or being detained,like for instances if a police officer asks your permission to search in your belongings and you agree then that’s not considered an intrusion of your privacy because you allowed him/her to search in your belongings. Same goes for being arrested because in order to be charged with a crime police officers must have reasonable suspicion and enough evidence to charge you with that crime.…

    • 492 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The Fourth Amendment is “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 goal of this amendment is to protect people’s privacy. The Fourth Amendment protects the people from unreasonable searches and seizures by the government. However, the fourth amendment is not a guarantee against all searches and seizures.…

    • 590 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    4th Amendment

    • 1476 Words
    • 6 Pages

    The 4th Amendment is part of the Bill of Rights. 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…

    • 1476 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The Fourth Amendment: Search and Seizure In 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” (Cornell University of Law). The Fourth Amendment states its main idea in this statement and through it American citizens and their belongings and records are protected from surveillance, searches, and seizures. However, in today’s digital world government officials have used what could be called an unconstitutional approach to the Fourth Amendment, causing them to monitor phone conversations. There have also been instances where personal records have been gained by law enforcement without any relevant reason.…

    • 1215 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Essay On Fourth Amendment

    • 726 Words
    • 3 Pages

    The fourth amendment is important to all Americans and it is one of the most important amendments. The fourth amendment is important because it protects Americans from unreasonable search and seizure. “To protect Americans from the government invading our privacy and looking through our things, then finding evidence that might be used against us to convict Americans of crimes, the colonials put in the fourth amendment to free Americans from unreasonable searches and seizures.” (“Fourth Amendment with English captions”) The Fourth Amendment is: 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…

    • 726 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    The Fourth Amendment prohibits the government from conducting unreasonable searches and seizures. The American Civil Liberties Union also states that “ Section 215 of the patriot Act violates the first amendment as well. ”(www. ACLU.org) The first Amendment gives the people the right of freedom of speech.…

    • 1280 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The Fourth Amendment

    • 752 Words
    • 4 Pages

    Amendment IV The fourth amendment is one of the primitive and mainly significant entitlements bestowed to the citizens of The United State of America; the law, distinctively 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.” What Does the Fourth Amendment Mean? The Fourth Amendment of the U.S. Constitution stipulates, the entitlement of individuals to be secure in their individualities, dwellings, documents, and possessions, against irrational searches…

    • 752 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    There is a finite line between national security and the privacy of innocent Americans in their day to day lives. The right to have privacy was provided to people when it was installed in the 4th amendment to the constitution. Although the U.S. Government has been stretching out this basic right and invading the privacy right that every American has. The government should not be allowed to freely use surveillance programs to watch over innocent people 's every move. Stated in the 4th amendment there is the right for people “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.…

    • 1138 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The statement, “The Fourth Amendment protects people, not places,” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses, papers, and defends them against unreasonable searches and seizures. However, to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant, give the government strict to stipulations as to how they are able to rightfully obtain information that is presumed to be private. Although Searches, Seizures and Warrants seem to have simple guidelines, they are each intricate categories.…

    • 490 Words
    • 2 Pages
    Improved Essays