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Why is the Fourth Amendment important
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Privacy (Pri-va-cy) n.1.the state or condition of being free from being observed or disturbed by other people. Americans fear that technological progress will destroy the concept of privy. The first known use of wiretap was in 1948. It’s no secret that the government watches individuals on a daily bases. According to the constitution, the Fourth Amendment serves to protect the people from unreasonable searches and seizures by the government. Unreasonable is the word that tips the balance On one side is the intrusion on individuals’ Fourth Amendment rights and the other side is legitimate government interests, such as public safety. What we consider reasonable by law, the government might not think so. The word ‘privacy’ seems to be non-existent today in the 21st century; the use and advances of technology have deprived us of our privacy and given the government the authority to wiretap and or intervene in our lives. Our natural rights we’ve strived for since the foundation of this nation are being slashed down left to right when we let the government do as they wish. The government should not be given the authority to intervene without a reasonable cause and or consent of the individual During an arrest, the only reason an officer stops you is when you are doing something wrong and is considered a threat to the public safety. When you get searched it is customary for a search warrant to be issued before they invade but, “The Supreme Court is considering whether police may search cellphones found on people they arrest without first getting a warrant…”(John, 2014).As John L Micek from The Patriot News, cellphones are powerful computers that store sensitive personal information and more than 90% of Americans own at least one cell... ... middle of paper ... ...cy”. The Voice of Russia. (23 Apr. 2014).Web. 2 May.2014 “Hooray! Republicans renounce unconstitutional invasion of privacy”. Clark Fork Valley Press. (12 Mar. 2014). Web. 17 Apr. 2014. Mallow, Michael L. and Reilly, Christine. “California federal court requires pre-recording notification of all cell phone calls under California Invasion of Privacy Act”. Loeb & Loeb LLP. (17Apr. 2014).Web. 28 Apr. 2014. Micek, John L. “Is your cellphone protected by the 4th Amendment? Maybe not: What do you think?”The Patriot-News. (29 Apr. 2014).Web. 29 Apr. 2014 Orwell, George. 1984. New York: Penguin Group, 1950.Print. “Privacy”. Google. 2014. “Smartphones and the 4th Amendment”. The New York Times. (27 Apr. 2014).Web. 28 Apr. 2014. Whitefield, Paul. “Yahoo webcam spying: When Big Brother morphs into Peeping Tom”. Los Angeles Times. (27 Feb 2013). Web. 16 Apr. 2014.
• "What Does the Fourth Amendment Mean?." USCOURTSGOV RSS. N.p., n.d. Web. 9 Apr. 2014. .
Rosen, David. Four ways your privacy is being invaded. 11 september 2012. 13 february 2014 .
“They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”(Benjamin Franklin). Privacy is considered a civil liberty issue. It reflects the American fundamental values such as civil liberties, limited government, and individualism. It covers the whole range of civil liberties spectrum and it holds every aspect of our life. It plays a major role on our daily lives and it is also a main structure in the future of democratic political system (Wemmer, 2012.) Privacy has evolved overtime, privacy can be interpreted from the First ,Third, Fourth, Fifth, Ninth, Fourteenth Amendments in the Constitution; however Americans don’t consider the importance of privacy until cases such as Griswold v. Connecticut (381 U.S. 479, 1965), Roe v. Wade (410 U.S. 113, 1973), Mapp v. Ohio (367 U.S. 643, 1961) are brought to the court.
Privacy is an incredibly elusive concept, partly because no one can agree on what constitutes an invasion of privacy. One famous publication in the 1890 edition of the Harvard Law Review defines privacy as “...the right to be let alone” (Warren). While this suffices for a cursory look at the definition of privacy, a closer look reveals that it is still very vague (the latter portion of the journal reiterates this). Specifically, it does not address breach of privacy, a concept that is still disagreed upon today. There are many different interpretations as to what constitutes an invasion of privacy.
The previous court sided with the FBI, and claimed that because there was no physical intrusion into the phone booth itself, Katz rights had not been violated. The Supreme Court came to the decision that the FBI did violate Katz’s fourth amendment rights. Their reasoning was that anyone who steps into a phone booth, closes the door, and deposits the payment for the call, has a reasonable expectation of privacy. The phone booth user should not be worried that their conversation would be broadcast to the
The word “privacy” did not grow up with us throughout history, as it was already a cultural concept by our founding fathers. This term was later solidified in the nineteenth century, when the term “privacy” became a legal lexicon as Louis Brandeis (1890), former Supreme Court justice, wrote in a law review article, that, “privacy was the right to be let alone.” As previously mentioned in the introduction, the Supreme Court is the final authority on all issues between Privacy and Security. We started with the concept of our fore fathers that privacy was an agreed upon concept that became written into our legal vernacular. It is being proven that government access to individual information can intimidate the privacy that is at the very center of the association between the government and the population. The moral in...
.... "State Cops Can Track Residents' Cellphones." Daily Tribune Media. N.p., 28 Mar. 2014. Web. 06 Apr. 2014. .
Taylor, James Stacey. "In Praise of Big Brother: Why We Should Learn to Stop Worrying and Love Government Surveillance." Public Affairs Quarterly July 2005: 227-246.
Farmington Hills: Greenhaven Press, 2006. Print Kuhn, Betsy. Prying Eyes: Privacy in the Twenty-First Century? Minneapolis: Lerner Publishing Group, 2008.
According to Rosen, the main reason why people acquire a cell phone is because of security. After the tragic event that occurred on September 11, 2001 in the United States cell phones started to play an important role in our lives. Rosen states that after this e...
In this age of rampant digital communication, cellphones play an ever increasing role in the lives of people around the world. This can lead to major controversies surrounding them and their use. One of the big stories on the news at the beginning of the year was the issue of the ongoing case between the FBI and Apple. Many people sided with the FBI, but many people also sided with Apple. What the case came down to, in the end, was this: how much privacy must be sacrificed for the sake of security? In the words of Benjamin Franklin “those who surrender freedom for security will not have, nor do they deserve, either one.”
Cell phone privacy has become quite an issue over the past few years now that cell phone use is prevalent among most of the world. There have been many articles and news stories circling around about how the government is tracking every move on our cell phone. This includes the government and other entities recording our conversations. Many people view this as a violation of privacy because their expressed thoughts and feelings are being recorded and listened to by someone somewhere. Another ethical concern that this brings about is the violation of the privacy protections of the fourth amendment. Law enforcements officials have the right to access personal location data without giving probable cause to the judge (ACLU 1). While this can create an unnerving feeling I believe the government has taken these measures to keep the country safe. If the government can prevent...
The inevitable truth about our technological advances has become an ongoing controversial dilemma. It begs to question whether or not our technology is taking us closer to the world of Big Brother. It even subjects us to address all the pros and cons this said technology, as a whole, has to offer. These days when people talk to each other, some no longer share eye contact because they are too busy on social media, texting, checking emails, looking for the next big thing, and so forth. Many people are blinded by the fancy & entertaining applications, availability of gps, and most importantly, being able to surf the web at the palm of their hands, but little do they know that those
Schwartz, Epharim. “ Its time for drivers to defend the (wireless) right to bear cell phones”. InfoWorld 22 (Summer 2002). EBSCO Academic Search Premier. Colorado State U Lib. 30 march,2003. http://search.epnet.com>
The use of cell phones, in all ways, while operating a vehicle is already illegal in twelve states across the country. If one is caught using their phone while driving, drivers may be faced with a ticket and a fi...