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Right to privacy essay
Right to privacy essay
An essay on right to privacy
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Warrant to Search Border agents are allowed to search through your device without a warrant. Border agents are taking advantage of device searches; “In fiscal year 2016, 390 million people entered the US and 23,877 electronic media searches were conducted at the border…. [in] 2015 there were only 4,764”(Kopan). Border agents do not have to follow the same rules as police officers do when it comes to searching through your cell phone, computer or iPad. In order to rummage through your devices, agents only have to have a probable reason to search through everything. This can be a violation of ones’ personal privacy. Even if someone does not have anything to hide, they may have person information that they are not willing to share with a stranger. …show more content…
Though some may believe that only foreigners visiting the country are the ones being searched, “the Council on American Islamic Relations (CAIR) of Florida recently filed complaints with DHS over allegations that Customs Border Protection (CBP) agents demanded cell phone passwords, confiscated devices, and asked political and religious questions of at least ten US citizens at the border”(Privacy SOS). Often times American citizens feel that they are more protect because they are a citizen but their privacy can also be invaded by CBP agents. American citizens can feel more protected if agents are required to obtain a warrants before their privacy is invaded. Another case claims that a US man was assaulted by a border agent after he denied access to his cell phone passcode (Privacy SOS). The CBP should only be able to search devices if they have a warrant. Following President Trump’s travel ban, a NASA engineer was required to surrender his work phone that contained confidential information before being released (Kopan). The man was forced to hand over his device for no reason and because of this he disclosed not only his personal information but his company’s information. A law requiring a warrant to search devices will prevent personal information from being
A warranted search is per say reasonable. Officers may then employ various reasonable means of obtaining the information, e.g. search the content of U.S. mail, one’s house or office, or deploy an undercover agent as in Lewis v. United States (1966). They may, without need for physical intrusion as under the archaic trespass doctrine, utilize modern surveillance methods, such as electronic eavesdropping as in Lopez v. United States (1963) or heat signatures. (Solove and Schwartz 83) Under the third party doctrine, officers may obtain information that you voluntarily provide to your bank, accountant, ISP or e-mail provider as per United States v. Forrester (2008). (Ibid 197; 199) Conversely, “a warrantless search is generally considered to be per se unreasonable.” (Ibid 99) As noted in Katz v. United States (1967), “‘the mandate of the [Fourth] Amendment requires adherence to judicial processes,’ and that searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable…” (Ibid 99) Fail to meet any of the four elements and the warrant does not meet constitutional muster (see Berger v. New York (1967) wherein officers failed to stop surveillance at
Gant was arrested by Arizona police because he was driving a vehicle with a suspended license. While he was being handcuffed, officers searched his vehicle and found a gun and a bag of cocaine. During the trial, Gant petitioned to suppress the gun and cocaine because the police didn’t serve a warrant to search his vehicle, in violation of the Fourth Amendment’s prohibition of unreasonable searches and seizures. Prior to the Supreme Courts opinion on this case, Arizona vs. Gant, it was standard practice for police to conduct a search incident to arrest of the passenger compartment of a vehicle. The justifications for the search incident to arrest are to allow police to secure any weapons that the arrestee might seek to use to resist arrest or escape and preserve evidence. This case is a decision holding that the Fourth Amendment to the United States Constitution requires law enforcement officers to a continuing threat to their safety posed by an arrestee, in order to justify a warrantless vehicular search conducted after the vehicle's recent occupants have been arrested and secured. ...
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, 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 Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
In an article written by James Ball he explains that the NSA collects “pretty much everything it can”. Ball explains that the NSA collects information from everyone “including of individuals under no suspicion of illegal activity”. The NSA “collect(s) all available information from all available sources all the time, every time, always” is also said by the Domestic Surveillance Directorate, implying that the NSA collects information from phone calls, messages, internet browsing history, emails, and any other possible mediums of information. This is unacceptable as a lot of private information that is being held by the NSA is from people that are not under suspicion of illegal activities. Yes, the NSA is gathering information from everyone so it can identify threats before people have a chance of attacking. However, not everyone is a threat to the safety of the general public so storing the information of all people is not justified. It would be understandable if the NSA just analyzed text messages, phone calls, and other sources of information to be able to determine if someone is a potential threat and store their information only if they are a suspect. One’s text message should not be stored if it does not show any potential threat. People’s transaction information should not be kept if it is not a suspicious transaction. Apart from the NSA analyzing
The 4th amendment protects people from being searched or having their belongings taken away without any good reason. The 4th amendment was ratified on December 15, 1791. For many years prior to the ratifiation, people were smuggling goods because of the Stamp Act; in response Great Britain passed the writs of assistance so British guards could search someone’s house when they don’t have a good reason to. This amendment gave people the right to privacy. “Our answer to the question of what policy must do before searching a cellphone seized incident to an arrest is accordingly simple - get a warrant.” This was addressed to officers searching people’s houses and taking things without having a proper reason. I find
Many people in the past and in modern day, say that “a man 's house is his castle” and therefore that man has the right to protect his house and effects. That protection goes for anyone that wants to inflict harm in the person or property. It also extends to law enforcement and the government, not allowing them to conduct unreasonable searches and seizures. The extent of unreasonable searches and seizures go from uncalled for arrests that seem to be at random and to warrantless searches of private property. Searches on private property will only be allowed if there is reasonable
Stop and frisk is a brief, non-intrusive, police stop of a suspicious individual. The Fourth Amendment entails that the police have a reasonable suspicion that a crime has been, or is in progress before stopping a suspect. If the officer realistically is certain that the person is carrying a weapon and is dangerous, the officers can conduct a search, a rapid pat down of the suspect’s exterior clothing. A law enforcement officer may stop and briefly detain a person for investigatory purposes if the officer has a reasonable suspicion supported by articulable facts of impending criminal activity. Reasonable suspicion is less demanding than probable cause, less quantity of evidence or information is needed. Reasonable suspicion can come from information less reliable than needed for probable cause.
Stop and Frisk is a procedure put into use by the New York Police Department that allows an officer to stop and search a “suspicious character” if they consider her or him to be. The NYPD don’t need a warrant, or see you commit a crime. Officers solely need to regard you as “suspicious” to violate your fourth amendment rights without consequences. Since its Beginning, New York City’s stop and frisk program has brought in much controversy originating from the excessive rate of arrest. While the argument that Stop and Frisk violates an individual’s fourth amendment rights of protection from unreasonable search and seizure could definitely be said, that argument it’s similar to the argument of discrimination. An unfair number of Hispanics and
This action applies to conduct by government officials such as police, firemen, or an individual hired as a private actor by the government. After the first criterion has been met, the court must determine whether a search or seizure has occurred. A search is defined as the physical or technological invasion of an area deemed by the majority of the court to have a reasonable expectation of privacy. These places could be homes or a closed telephone booth, depending on the circumstances of the incident. A seizure occurs when the government takes one's personal belongings or the individual themselves.
In America we take freedom and privacy for granted, we as people are unable to comprehend how safe our country actually is, especially in today's society. With that being said there is something that we must all understand, in this age of technology if people are not surveillanced it puts everybody else in our country and the country itself at risk. There are aspects of our privacy and life that we have to sacrifice in order to secure the freedom that we do have. The NSA and U.S. government needs access to our private information in order to ensure the safety of our country and citizens.
The U.S. Patriot Act was set in place to better serve our country against terrorism. The U.S. Patriot Act is an Acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Acts (Lithwick). This act is to punish terrorist actions and improve law enforcement not only in the United States but also around the world. The United States Patriot Act consists of over 1,000 sections that describe the act in great detail. The sections include, but are not limited to, the power extended to the government by The U.S. Patriot Act to deport and incarcerate non citizens. With the U.S. Patriot Act a person’s phone line can be tapped, records of any and all purchases checked, and even library records searched. This Act also has sections to help money laundering, expand our country’s border protection, strengthening the extent of criminal laws and provide for people suffering from any type of terrorism acts (Huffman).
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...
The implications of the government’s wants are frightening. They need new regulations that would make their work easier and faster. Problem at moment is that if the government can use the All Writs Act to make it easier to unlock your iPhone, then FBI can easily just arrest and block all your information you had in your mobile or follow your location, or even access your phone’s microphone or camera without you even knowing about it. [12]
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...
Privacy is a right granted to all American citizens in the Fourth Amendment which states “people have the right to be secure in their persons, houses, papers, and lives against unreasonable search and seizures”. Although our founding fathers could have never predicted the technological advancements we have achieved today, it would be logical to assume that a person's internet and phone data would be considered their effects. This would then make actions such as secretive government surveillance illegal because the surveillance is done so without probable cause and would be considered unreasonable search or seizure. Therefore, access to a citizen’s private information should only be provided using probable cause with the knowledge and consent of those who are being investigated.