Is the Fourth Amendment violated by police action of remotely accessing a GPS or a vehicle’s tracking capabilities without a warrant or the probable cause necessary for the acquiring thereof, therefore necessitating Senator Snowy’s support of Taylor Thomas’s bill; and what would be the implications on the future of Fourth Amendment law if Senator Snowy declined to support the bill and thusly permitted the dubious practices to persist indefinitely? SHORT ANSWER Notwithstanding the current sentiments and Fourth Amendment law which allow the police to remotely accesses the GPS tracking capabilities of vehicles of presumably innocent citizens, Senator Thomas’s bill should be supported by Senator Snowy because the current tactics utilized by the…
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)…
One of the most commonly known amendments are those that are considered part of the Bill of Rights. However, one of the most important amendment that every citizen should know is the Fourth Amendment. This Amendment is broken in three parts that imply that people should have the right to be secure in and of their property, no warrants should be issued without any unreasonable cause and that if there is a warrant, then they should specify the place and people of search. Many citizens do not completely understand this amendment to the extent to exercise this right.…
The Fourth Amendment was passed by congress on September 25, 1789 and ratified on December 15, 1791. It stems from before the Revolution when the American colonists were under the control of the British. According to “The History of the 4th Amendment”, “tax bills placed on the colonists drove some to start secret smuggling organizations to counteract the taxation”.…
The 4th Amendment to the U.S. Constitution guarantees freedom from unreasonable search and seizure. Law enforcement officers need probable cause and in most case a warrant to search a person or their belongings. Any evidence collected from an illegal search will be excluded from evidence at trial. The purpose of the 4th Amendment is to protect citizens from being abused by the government and its law enforcement agencies. Students at public education institutions are also protected against unreasonable search and seizures of personal property, but students have a reduced expectation of privacy when in school.…
I would propose changes in the Fourth Amendment. The changes will be to protect from unreasonable searches and seizures on the inside and outside of the border. The reason is that there were thousands of cases where Homeland Security Agents would seize and search mobile devices right outside the border. Because the Fourth Amendment only protects people inside the border, the agents were free to search, copy, and record any information from the devices without explanation. If the government allows this to continue it will lose trust in the public.…
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.…
Americans had experienced this privacy invasion with the British many times. Before the revolution, British claimed the authority to issue Writs of Assistance allowing officials to enter private homes in search for evidence of smuggling. Writs of Assistance never expired and were transferable. The federalists violate the fourth amendment on a daily basis. When federal agency collects our electric data, emails, phone calls, and other private information, that violates this amendment, if they don’t have a legitimate reason.…
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.…
Is drug testing of students who participate in extracurricular activities permitted under the fourth amendment? fourth amendment states that a person has 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. Meaning that the people are protected from unreasonable searches and seizures by the government while it does not guarantee against all searches and seizures, only those the law deems unreasonable. Which is determined by the balance of two important interests being…
The Fourth Amendment grants property rights to citizens against unreasonable searches and seizures. Consent is one of the most frequently used exceptions to the Fourth Amendment. Determining if a person has the authority to grant consent is an issue unique to computers. Today, technology enables multiple users to log on to a computer using multiple passwords and profiles and create multiple accounts and screen names. A password is analogous to a key that can be used to open a locked container.…
The surveillance program is effective with preventing terrorist attacks, but this violates the Fourth Amendment right because they are collecting data from everywhere and everyone around the country. According to the News Team staff of cfr.org people are starting to revolt against these outraeous and unlawful actions. Judge Richard J. Leon said “ surely such a program infringes that degree of privacy, that our founding fathers enshrined in the Fourth Amendment” (www.cfr.org). After, the exposure of the NSA in the mid-2013 American citizens have started to protest against these unlawful actions and development movements to protect their right of…
Self-contained intrusions not performing in the color of governmental authority are exempt from the Fourth Amendment. (Barry Friedman and Orin Kerr, n.d) What Does the Fourth Amendment Protect? Searches…
The Founding Fathers of the Constitution wanted to protect the rights of individuals by not giving the government a lot of power. When the United States only had the thirteen colonies British soldiers had the power to go into people’s homes and search them whenever they wanted to. In 1761 a young lawyer named James Otis spoke out against the searches and said, “One of the most essential branches of English liberty is the freedom of one’s house. A man’s house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle.” After James Otis said this the Fourth Amendment was written so the police, at the time British soldiers, didn’t a lot of power to do whatever they want.…
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.…