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The 4th amendment
4th amendment analysis
Legal considerations with the 4th amendment
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Government Surveillance violates our Bill of Right The Fourth Amendment has protected the people from unreasonable searches from police or any other government official. I agree with Christopher Soghoian, technology can in fact be a civil rights issue due to government surveillance. Invading our civil rights by government officials has been and attempt more than once before. The loss of personal privacy can have psychological impact on citizens and can be sense that they are controlled by the government. Although failed in certain occasions, such invasion has been successful in most cases. Government has found the task useful in protecting the American people. The government is invading our civil rights because they are monitoring the things …show more content…
The Supreme Court is concerned that the Fourth Amendment of the Constitution may be violated with the modern technology era. For example, in the article “Big Brother is Watching You” it states, “… Riley v. California,… a warrant is required in order to search the contents of an individual’s cell phone” (Franklin, p. 497, 2016). With this court case, it proves that government should not go through one’s cell phone without having a …show more content…
PRISM is used to protect and detect terrorist attacks in the United States. This was launched by president Bush, after the 9/11 terrorist attacks. According to CNet.com, PRISM “stands for "Planning Tool for Resource Integration, Synchronization, and Management," which allows the U.S. government to detect “foreign intelligence” from American services. This will allow the government to protect the people from terrorist attacks. This allows citizens to feel safe and protected by the government. Rendering to
Privacy comes at a cost. It brings people who fight for the people the privacy of others when it is violated together. Cops not being able to search when they seize a cell phone makes them risk their lives because how people these days are, there could be bombs in the phone. Even though this amendment was ratified, people to this day still don’t have privacy they rightfully deserve. This effects me because I’m able to keep special information to myself. Also, if a police pulls over a family member and ask for their phone to investigate without giving a proper reason or having a warrant, that family member could say no. If a police hasn’t given you a good reason to hand something over, you have the right to resist or else the police are being unconstitutional. This amendment gives people the safety to do what they want(that’s legal). It also makes life better, but harder. Life is harder with this amendment because you have to watch out for who you trust that they won’t do anything to jeopardize your safety. This is relevant because a man in Indiana was tracked down by a GPS. It didn’t violate his 4th Amendment because the police got a warrant to put a tracking device in his mom’s car. This case represents how technology gives advantages and disadvantages. An advantage was that they were able to track him down for a burglary. The disadvantage would be that if they hadn’t gotten a warrant, he could have filed a lawsuit against
Communication surveillance has been a controversial issue in the US since the 1920's, when the Supreme Court deemed unwarranted wiretaps legitimate in the case of Olmstead v United States. Since telephone wires ran over public grounds, and the property of Olmstead was not physically violated, the wiretap was upheld as lawful. However, the Supreme Court overturned this ruling in 1967 in the landmark case of Katz v United States. On the basis of the fourth amendment, the court established that individuals have the right to privacy of communication, and that wiretapping is unconstitutional unless it is authorized by a search warrant. [Bowyer, 142-143] Since then, the right to communication privacy has become accepted as an integral facet of the American deontological code of ethics. The FBI has made an at least perfunctory effort to respect the public's demand for Internet privacy with its new Internet surveillance system, Carnivore. However, the current implementation of Carnivore unnecessarily jeopardizes the privacy of innocent individuals.
According to the Fourth Amendment, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Without the Fourth Amendment, people would have no rights over their own personal privacy. Police officers could just enter people’s houses and take anything that they could use as evidence and use it against them. With the advancement in today’s technology, it is getting more and more difficult to define what exactly privacy is to us, and whether or not the Fourth Amendment protects it.
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.
Government seems to take away more privacy than they say they protect. In 1984 the citizens were constantly being monitored no matter where they were, there was no escape. "It was terribly dangerous to let your thoughts wander when you were in any public place or within range of a telescreen. The smallest thing could give you away" (Orwell 62). Members of the party were constantly being monitored, at even the slight sign of disloyalty they would be apprehended by the Thought Police, striking fear into the people. People had no privacy due to the government and this can now be seen today. Referring to the NSA "The agency has circumvented or cracked much of the encryption, or digital scrambling, that guards global commerce and banking systems, protects sensitive data like trade secrets and medical records, and automatically secures the e-mails, Web searches, Internet chats and phone calls of Americans and others around the world"(Lopez np). Growing use of internet and technology makes it easier for the government to spy on us. Like in 1984 they will soon be able to track our every move. There is no way to completely remove ourselves from technology, there's are steps to take to protect privacy. A solution is to keep more records on paper instead of online. Also, what is posted on social networks should be limited. The less information you give them, the less the government knows.
The NSA and U.S. government sifting through our private information is but a small inconvenience that we must sacrifice in order to protect our own freedom and safety. Domestic Surveillance roots back to the 1910’s, where the assassination of President McKinley, created a Bureau of Investigation that would trace the efforts of the Communists attempting an uprising in America. This would be the foundings behind Domestic Surveillance in America, and would continue on after World War II where the government created the NSA and CIA, with the main purposes
To understand the Prism program you have to understand the post 9/11 world we live in, and how petrified the attacks left the intelligence community. September, 11, 2001 is one of the most important dates in American history because after nothing was ever the same. The attacks left American’s thinking are we really safe at home? The Bush Administration declared the 9/11 attacks as a declaration of war and since that day the intelligence community has been given every possible tool to thwart another 9/11 attack. Immediately after 9/11 the Patriot Act was passed, and has been one of if not the most controversial law in recent memory. Following the Patriot Act was the Protect Americ...
The intent of the Fourth Amendment was to create a constitutional buffer between the people and the intimidating power of the government. There are three components of the Fourth Amendment. First, it establishes the privacy aspect by recognizing that U.S. Citizens have a right to be “secure in their persons, houses, papers, and effects.” This privacy interest is protected by prohibiting any searches and seizures that are “unreasonable” or have not been authorized by a warrant that is based upon probable cause. And, “the place to be searched, and the persons or things to be seized” must be described with particularity before it is issued to a law enforcement officer.
Const. amend. IV). While a previous case, United States v. Robinson, holds that an officer may subject the arrested to a warrantless search if suspecting a danger or threat, digital information on a cell phone cannot directly cause physical harm. Additionally, cell phones contain massive amounts of information regarding a person’s life, including photographs, documents, personal details, and so forth. Though an arrestee has fewer privacy rights, going through his or her cell phone is “‘materially indistinguishable’ from searching physical items” (“Riley vs. California”, 2014). Finally, although information regarding a case can be erased remotely from a cell phone’s memory, the threat (in this particular case) was not prevalent and could therefore be ignored. The Supreme Court’s conclusion can be summarized in Chief Justice John Roberts’ statement: the “answer to the question of what police must do before searching a cellphone seized incident to an arrest is . . . simple — get a warrant” (“Riley vs. California,
In the American constitution the fourth amendment reads as follows; 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. The fourth amendment protects personal privacy and every citizen’s right to be free from unreasonable government intrusion into their homes, businesses, and personal lives. However, when the fourth amendment was written by America’s founders, the world was a very different place with limited technology. The amendment does not specifically cover telephones or computers leaving the issue up to the courts. There have been recent articles about warrantless wiretapping in the name of national security against terrorism.
“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.
Every citizen should have a basic right to privacy when they are using technology. This is another thing that the Fourth Amendment covers. The Fourth Amendment basically states that the government is not allowed to use your personal technology against you. Just because personal information is not physically there, but on the Internet or on a computer, it does not give the government the right to use it against
Throughout the years, many people have known that the right to privacy is not mentioned in the Constitution. The Supreme Court has confirmed that there are several amendments to create this right. One of the most known Amendments that have to do with the right to privacy is the Fourth Amendment. This amendment does not allow the police to or any other government agents to search us or our property. The only thing that could allow them to “invade” our privacy is if they have a “warrant”. There are many other amendments that involve privacy. (Union, 2003)
Drawing on the work of Foucault, discuss the claim that ‘we live in a surveillance society’.
Privacy is not just a fundamental right, it is also important to maintain a truly democratic society where all citizens are able to exist with relative comfort. Therefore, “[Monitoring citizens without their knowledge] is a major threat to democracies all around the world.” (William Binney.) This is a logical opinion because without freedom of expression and privacy, every dictatorship in history has implemented some form of surveillance upon its citizens as a method of control.