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Questions on the fourth amendment
The fourth amendment
Questions on the fourth amendment
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The Fourth Amendments “They may identify potential leads with respect to folks who might engage in terrorism, if these folks — if the intelligence community then actually wants to listen to a phone call, they’ve got to go back to a federal judge, just like they would in a criminal investigation.”(Obama’s remarks) President Obama said this in an interview regarding the NSA’s work on surveillance to protect the country while also following the Fourth amendment’s Guidelines. The fourth amendment can be beneficial to the government by allowing them to legally conduct search and seizures. The Fourth Amendment also allows law enforcement to access suspect’s phones and any electronic devices. It also allows law enforcement to access all suspects’ files. Even though, The Fourth Amendment can help Law Enforcement it can also invade privacy. Although some believe the Fourth Amendment promotes invasion of privacy, it is beneficial to the government because it helps protect citizens from illegal search and seizures, allows the IRS to access foreigners, and in some cases American’s emails/phones, and helps law enforcement access suspects’ files. …show more content…
The fourth amendment is beneficial because it protects citizens from illegal search and seizures.
Search and seizures are illegal and unreasonable without a search warrant, however one is not needed for abandoned property. The Fourth amendment helps so anything within the property cannot be seized without a warrant. A warrant is needed for a search but it can help find crucial evidence toward a crime. Evidence of a suspected crime must be good enough for a court to grant a search warrant to law enforcement for a search and seizure to be legal. If evidence of suspicion isn’t adequate enough a court will not grant a search warrant, that being the fourth amendment protecting the privacy of innocent people. As the fourth amendment protects the privacy of people it also helps law enforcement access phones to find
evidence. The fourth amendment allows the NSA to conduct searches of phone records to find evidence of a crime. The NSA has recently went to Apple to try and access suspects phone records, although it requires a court order. Some of the most common requests for phone files are clues for robberies, kidnappings, and suicidal prevention. George Bush created the U.S. patriot act which allowed the government to better access telephone and communications. The NSA was also conducting wiretaps and surveillance. The increased usage of computers, phones and other electronics have led to excessive crime electronically that can be discovered by the NSA following the U.S. patriot act. Law enforcement also can get access to hard drives and emails. Although, the fourth amendment helps protect citizens from unreasonable and illegal search and seizures, it helps law enforcement access electronic devices to find evidence it also helps law enforcement access suspects files to find evidence. The Fourth Amendment is beneficial because it helps law enforcement access suspect’s files. Law enforcement with the help of the fourth amendment are able to access files of suspected drug dealers, whereas drug dealers tend to use more electricity than normal people (zwerdling). The DEA must be granted a warrant to search suspected drug dealers or drug grower’s files or electric bill payment records. The U.S. patriot act allows surveillance of electronics and, law enforcement has access to all files and records. The NSA was given a warrant to access phone records of individuals that were believed to be involved it terrorist activity. The NSA using the patriot act is able to access anything such as email, telephonic communications, medical, financial, and library records. Even though the Fourth amendment can help by finding evidence it can also in some eyes be invading privacy. The fourth amendment can be beneficial but, it can also to some U.S. citizens be invasion of privacy. 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,” some U.S. citizens believe that Law Enforcement, the Government and the NSA are violating the required guidelines of the Fourth Amendment. The NSA is conducted a mass U.S. surveillance not to believe specific individuals may be engaging in terrorist activity, but instead to believe all of us may be engaging in such activity. The government mass surveillance proves that U.S. citizens are considered suspects at all times. With the Patriot Act the NSA has access to everything on a cellphone including pictures, messages, calls, and voicemails, even people who haven’t ever committed a crime are still being subject to the NSA’s mass surveillance project. Unreasonable search and seizures of electronic devices have been occurring where the government comes to property and searches phones hard drives and computers to find evidence. A basic search warrant unfairly allows law enforcement to search stored voicemails emails, or any records. Even though the fourth amendment can help law enforcement but it can also invade privacy of American citizens. The Fourth Amendment helps law enforcement and the government in many way to find evidence of a crime, to terminate some crimes and acts of terrorism. However, some citizens think that the government being able to access all files, phone records, and conduct search and seizures is illegal and unconstitutional. In brief, the Fourth amendment can be very beneficial to some and very invading to others.
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.
To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under
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).
Is the American government trustworthy? Edward Joseph Snowden (2013) released to the United States press* selected information about the surveillance of ordinary citizens by the U.S.A.’s National Security Agency (N.S.A.), and its interconnection to phone and social media companies. The motion picture Citizenfour (2014), shows the original taping of those revelations. Snowden said that some people do nothing about this tracking because they have nothing to hide. He claims that this inverts the model of responsibility. He believes that everyone should encrypt Internet messages and abandon electronic media companies that track personal information and Internet behavior (op.cit, 2014). Snowden also stressed to Lawrence Lessig (2014) the importance of the press and the first amendment (Lessig – Snowden Interview Transcript, [16:28]). These dynamics illustrate Lessig’s (2006) constrain-enable pattern of powers that keep society in check (2006, Code: Version 2.0, p. 122). Consider Lessig’s (2006) question what is “the threat to liberty?” (2006, p. 120). Terrorism is a real threat (Weber, 2013). Surveillance by social media and websites, rather than the government, has the greater negative impact on its users.
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
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.
Government could bust into your home and go through anything they wanted for no reason whatsoever. In countries where it is legal for law enforcement and government to search without probable cause, the people fear living everyday. The 4th amendment should never be infringed upon. Considering Immigrants leave their home overseas to become American citizens, America needs to remain as free as possible to ensure the citizens feel safe. This amendment is important because it regularly compels the government to follow and obey a clear standard when it comes to American’s privacy and the idea that we are always innocent until proven guilty, and that our privacy is protected first and foremost until there is reasonable
Edward Snowden is America’s most recent controversial figure. People can’t decide if he is their hero or traitor. Nevertheless, his leaks on the U.S. government surveillance program, PRISM, demand an explanation. Many American citizens have been enraged by the thought of the government tracing their telecommunication systems. According to factbrowser.com 54% of internet users would rather have more online privacy, even at the risk of security (Facts Tagged with Privacy). They say it is an infringement on their privacy rights of the constitution. However, some of them don’t mind; they believe it will help thwart the acts of terrorists. Both sides make a good point, but the inevitable future is one where the government is adapting as technology is changing. In order for us to continue living in the new digital decade, we must accept the government’s ability to surveil us.
A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.
All in all, the fourth amendment grants protection from unnecessary police harassment, and with the recent invasion of cell phones, the government contradicts that by trying to tell its citizens that cell phone intrusion and programs like the NSA are for the protection of civilians.The government is trying to make us believe that it’s for the protection of it’s civilians but the government has not been successful at tracking any of the “terrorists” or threats. Even if they were wouldn’t they want to make it clear that this tracking of cellphones is actually getting the job done, not just collecting data. That is why there have been protests to stop this unnecessary invasion of privacy.
Video cameras are being deployed around the nation to help with crime solving, but some people are concerned about their privacy. Having cameras to monitor public areas have shown to be useful in situations such as identifying the bombers of the Boston marathon in early 2013. There have also been issues with these cameras however, as people are concerned they are too invasive of their privacy and have been misused by police officers in the past. Some people want to find a balance in using cameras in public so that they can continue to help with crime solving while making sure they are not too invasive and are properly used.
2) It is getting ever easier to record anything, or everything, that you see. This opens fascinating possibilities-and alarming ones.”
The right to privacy is our right to keep a domain around us, which includes all those things that are apart of us, such as our body, home, property, thoughts, feelings, secrets and identity. The right to privacy gives us the ability to choose which parts in this domain can be accessed by others, and to control the extent, manner and timing of the use of those parts we choose to disclose (Privacy Concerns 1). “Everyone has the right for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right…” (Privacy concerns 2). In 1998, the Human Rights Act, the act sets out the fundamental rights and freedoms that individuals have, came into force; it incorporated the European Convention on Human Rights, Article 8 which protects the right to private and family life. Was the first time there was a generalized right to privacy recognized by law in this country.
The fourth amendment of the constitution 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.”(United States Constitution). The government’s surveillance violates this right, as collecting sensitive information of individuals is an “unreasonable search.” However, the NSA is currently utilizing a loophole that allows them to cull data without a warrant. According to Axel Arnbak from Harvard University’s Berkman Center for Internet & Society, this exploitation of the loophole may leave Americans “as vulnerable to surveillance, and as unprotected as the internet traffic of foreigners.”(Whittaker).. An instance of data collection conducted beyond the law was Project MUSCULAR. According to CBSNEWS, Project MUSCULAR consisted of collecting approximately “180 million user records from Google and Yahoo datacenters.”(Whittaker). The project was able to be accomplished because the data gathering occurred overseas. These projects indicate that the government is taking advantage of the loopholes in the law to gather as much information as possible. CBSNEWS also mentioned how the 9/11 terrorist attack brought the patriot act into existence. The patriot act lets the government collect data to fight terrorism. However, a warrant is required in
Privacy rights are embedded under the Fourth Amendment, which states that citizens are protected against unreasonable search and seizure. But the Patriot Act, which was passed after 9/11, allows the FBI to acquire telecommunication, financial, and credit records without a court order. Furthermore, the Foreign Intelligence Surveillance Act of 2008 allows Untied States private and public companies protection from being sued by their customers when they comply with illegal government surveillance requests. Such acts have provided laws that do or do not protect citizen’s privacy on their personal digital devices. The most notable act was the Electronic Communications Privacy Act that was enacted in 1986. The ECPA identified standards for law enforcement access to electronic communications and data, affording privacy protections to people who use emerging technologies today.