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why privacy matters summary
why privacy matters summary
importance of privacy short essay
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The government should not invade the privacy of American citizens because although everyone has come to embrace social networking, it is not right or appropriate for the government to watch its citizens like Big Brother.
Privacy rights are very important to the United States citizens. The fourth amendment protects some of our rights. No officer of the law can search any person’s property or belongings without a search warrant approved and signed by a judge first. The police have to obtain a search warrant; they get a search warrant by having probable cause and show proof that a crime is being committed. We have the right to “Life, Liberty, and the Pursuit of Happiness.” The government cannot take away or limit our enumerated rights (2nd). The right to privacy is the most comprehensible and the most valued by citizens. People like to be private, and most of the time they get angry or upset when their privacy is invaded, even though they put most of their information and business on social networks. This is weird to me because they like to be private but they still post all of their information on social websites, it is kind of contradictory. (Roman
Espejo)
Public security cameras can enhance your safety by making communities safer. They can catch abuses, robberies, rapes, theft, etc. Some people do not approve of the public cameras and surveillance systems, although they are for security reasons only. These cameras do not intend to invade on your privacy (Roman Espejo). The government has huge technological facilities where they develop new devices every day. The government has huge computers with massive databases with DNA and genetic material for every United States citizen. The government has cameras everywhere to keep an eye ou...
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...s citizens like Big Brother.
Works Cited
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Justice Harlan’s reasonable expectations test in Katz vs. United States (1967) considers whether a person has an “actual (subjective) expectation of privacy” and if so, whether such expectation is one that “society is prepared to recognize as ‘reasonable.’” (Solove and Schwartz 99) If there is no expectation of privacy, there is no search and no seizure (reasonable, or not), and hence no Fourth Amendment issue. Likewise, we must first ascertain whether a search took place. A few questions from a police officer, a frisk, or the taking of blood samples do not constitute a search. (Solove and Schwartz 83; 86) Likewise, the plain view doctrine establishes that objects knowingly exhibited in a public area, in plain view for police to see, do not
A search and seizure is the phrase that describes law enforcement's gathering of evidence of a crime. Under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises this also includes vehicles. Any seizure of tangible evidence, must be reasonable. Normally, law enforcement must obtain a search warrant from a judge, specifying where and whom they may search, and what they may seize, though in emergency circumstances, they may dispense with the warrant requirement.
A warrantless search voids the constitutional right of the citizen hence, all the evidence obtained will be evicted by the court of law. While the statement holds true, there are situation where a officer of the law does not require a warrant. "Plane view exception", "Consent", and "Search Incident to Lawful Arrest" are three out of the six exception to the warrant requirement (NPC, Exceptions to the Warrant Requirement). One of the case where the judge ruled out in favor of the defendant for warrantless search is the case of "Rodriguez v. Unites States." The foundation of the case was based upon the timing from when the ticket was issued for a traffic violation to when the dog was called to sniff the car (Constitution Daily, Rodriguez v. United States). While the officer claimed the delay was caused by waiting on the backup, the exception does not fall under the
The Supreme Court has held that vehicle searches are permitted if the arrestee is unsecured and is reaching distance from the passenger compartment or if the vehicle would have evidenced related to the arrest. Riley v. California, 134 S.Ct. 999 (2014). Searches based on information received from a seized cell phone must be permitted by warrant. Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710 (2009).
Many people today have faced a time or two where their person, property, or homes have been search by law enforcement. Search and seizure is when law enforcement authorities or police officers suspect someone of criminal activity and performs a search. During the search the officer may take anything that can be used as evidence to present to the courts. It is a chance that some people’s rights and privacy have been violated during these searches and seizures. The United States Constitution Fourth Amendment has been put into place to protect the rights of citizens against unreasonable searches and seizure by law enforcement authorities.
The right of the people to be secure in their person's 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.
Charter. No one, including the government, has the right to deprive any person of these rights which are given...
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.” –U.S. Constitutional Amendments
As said by the Fourth Amendment, " the right of the people to be secure in their persons, houses, papers, and effects, against an unreasonable search 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 be seized." The fourth amendment was set in place so that the police or any other law officials are not authorized to just come into people’s homes without permission and rummage through their personal belongings without the authority of a search warrant. Whether an individual is guilty or not or even appears to be guilty, without a warrant, police cannot go into their home and start looking and gathering evidence, unless there is probable cause, such as someone’s life may be in danger. If law officials were to go into their home and gather evidence without a warrant and attempt to use it in a court of law, could very much be ruled as inadmissible and the offender could end up being set free for their crime.
The differentiation between open fields and private property must be made before one can proceed to form an opinion regarding the constitutionality of a warrantless search of an open field. Oliver v. United States is a case in which police officers, acting on reports from neighbors that a patch of marijuana was being cultivated on the Oliver farm, entered on to private property ignoring “No Trespassing” signs, and on to a secluded open portion of the Oliver property without a warrant, discovered the marijuana patch and then arrested Oliver without an arrest warrant. The Maine Judicial Court held that “No Trespassing” signs posted around the Oliver property “evinced a reasonable expectation of privacy,” and therefore the court held that the “open fields” doctrine was not applicable to the Oliver case.
Jeff Jarvis is a journalist, professor, and public speaker. In his book, “Public Parts”, Jarvis’s own opinions on “publicness” are stated plainly. He sees both social and personal benefits to living a totally public life on the internet. David Kirkpatrick is a technology journalist and author. He offers no opinion of his own on subject of total public disclosure. He has written two books on the social media giant Facebook. Kirkpatrick’s book “The Facebook Effect” was reviewed by David Pogue in The New York Times, Sunday Book Review. Pogue wrote, “You come away with a creepy new awareness of how a directory of college students is fast becoming a directory of all humanity — one that’s in the hands of a somewhat strange 26-year-old wearing a T-shirt and rubber Adidas sandals.” His book may leave readers more cautious than ever about what information they themselves are uploading to the
Camera surveillance is not some trend that is fairly recent. Early surveillance systems required a person to constantly check the footage and
If people feel comfortable in their surroundings then privacy is not a concern. At other times, people feel violated when they are subject to random searches; this random factor is what other people consider wrong. People feel intruded on when they see a roadblock ahead or a request to see their driver’s license when writing checks. Others are interrupted at dinner by the phone ringing from telemarketers. This selling of information is what the Europeans call data protection. If the data is not kept private, things such as credit card numbers could be stolen over the phone.
Hughes, Kirsty. "A Behavioral Understanding of Privacy and Its Implications for Privacy Law." Modern Law Review 75.5 (2012): 806-836. Academic Search Complete. Web. 6 Apr. 2014.
Since surveillance cameras have been invented for security reasons at shopping malls and stores they have also been place in public areas such as stoplights, parking lots, hallways, bus stops, and more.