And my evidence is that only about 51% say that is should be unlocked and about 39% people say that they should not unlocked the phone. But the Apple company is like they should not give the software to the FBI but if they lose the case they will have to unlock the phone. But then the Apple company is have trouble with the FBI but the Apple company has some rules so that they will not unlock the phone. I wonder if the Apple company will still make a updated phone so that the FBI will not get in people phone any more. But I hope the FBI will leave the Apple compon alone and just find some hacker to open it.…
During the search, police found things like a Uzi machine gun, a .38 caliber revolver, two stun guns, and a handcuff key, but did not find the supposedly stolen stuff. Police Officers did confiscate the weapons while in search for the stolen items and used it in court. So therefore his fourth amendment was violated. The 4th 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. " This action performed by the police officers reminds me of the supreme court case, Mapp V. Ohio.…
In Mapp v. Ohio, the fourth amendment that was violated states that “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.” There have been several court cases where the fourth amendment right was violated. For example, in Weeks v. United States, 232 U.S. 383 (1914), the court stated…
This directly goes against the fourth amendment in the bill of rights of the United States. The Foreign Intelligence Surveillance Act (FISA) was passed in nineteen seventy eight. The United States government used to use FISA and acts like FISA to spy on other nations governments and citizens, the difference with the Patriot Act is, they are spying on their own citizens. “The provisions of Section two hundred and thirteen of the Patriot Act allow federal searches to be conducted and delayed notice to be given to the subject. The subject of the search may never be given notice that a search was conducted if criminal proceedings are not initiated after the search” (the Patriot Act).…
While the Fourth Amendment can slow the process of searches and seizures down, there are many more important things that it protects. The Fourth Amendment protects people’s privacy, protects citizens from being violated by unneeded searches and seizures, and also protects them from being arrested without a reason. Just as Obama states, he is committed to “keep the American people safe,” and “to uphold the…
The events of September 11, 2001 will never be forgotten by the American people. One of the largest changes made in the United States after 9/11 was the introduction of the USA Patriot Act on October 26, 2001. The act allows US government agencies to easily gain access to the private records of people within the United States. The records include phone records, banking statements, and credit reports. Without any limits on the power of government agencies, the possibility of infringing on the rights of private citizens arises.…
Although culprits have been caught without a search warrant, the Fourth Amendment has been mistreated by not needing a search warrant to be searched, keeping social media history, and being detected through surveillance camera without approval. As President Obama described the society as “not fully protected”, and “not having hundred percent security” at the same time. The government has taken advantage of the Fourth Amendment, they also have taken benefit of civilian rights.…
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. " It prohibits…
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.…
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…
As it states in the Fourth Amendment “A search or seizure is generally unreasonable and illegal without a warrant” (Cornell University Law School). Law enforcement, with the aid of a subpoena, can conduct a warrantless search only if it falls under circumstances where obtaining one would be illogical. The U.S. government loosely defines these circumstances and the meaning of relevancy. If property is, as Sensenbrenner states in his letter, “relevant to an authorized investigation into international terrorism”, then under section 215 of the Patriot Act the government is able “to apply to the Foreign Intelligence Surveillance Court to issue an order for the production of tangible things” (Letter to Attorney General Eric Holder) and law enforcement can conduct a search and seizure. This court order must be relevant to an investigation or goes against the Fourth Amendment.…
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.…
Introduction The Fourth Amendment states that “the rights of the people to be secured in their persons, houses, papers and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported, by the oath of affirmation, and particularly describing the place to be searched and the persons or things to be seized.” This simply means in laments terms that every US citizens is entitled and promised protections against personal and property invasion as well as entitled to be inform of the nature of the search and detailed what place and things are subject to be searched. The fourth amendments also lays out a requirement that a warrant must be obtained and must be done so only…
One of the most tragic terrorist attacks to take place in the United States occurred on September 11, 2001. Days after these attacks, the standing president at the time, George Bush, declared that he was on a new mission to fight back against terrorism (“The War,” 2018). Since then, various laws and regulations have been put in place to help provide a feeling of security to American Society. Moreover, to aid in the relief efforts that follow events that are considered emergencies, such as terrorist attacks and natural disasters. Consequently, of these various enactments, the following has been found to be hurtful to American society: Homeland Security, the USA Patriot Act, and the Foreign Intelligence Surveillance Act.…
On the contrary many cases have been examined as to why the Patriot Act is considered in more ways the one unconstitutional. After researching different cases, scenarios, and the fine print in the Patriot Act it is apparent there are some questions being raised as to whether or not people’s Fourth Amendment rights are being violated here. Historically, before the Patriot Act was put into place the Foreign Intelligence Surveillance Act was made in order to correctly manage information gathering. The FISA Act was put into place after the Vietnam War in order to prevent corruption in the government, such as the Watergate Scandal and anti-communism investigations. After 9/11 and in the wake of the Patriot Act the FISA Act was expanded to include what is considered to be “Tangible Things.”…