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Fourth amendment analysis
Fourth amendment analysis
Questions on the fourth amendment
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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. In the Supreme Court case of United States v. Jones, FBI agents had a suspicion that Antoine Jones was involved in drug trafficking activities. To help federal agents with the case, they attached a GPS tracking device on his car to track his every move. The authorities were given a warrant to place the device in 10 days and only in the District of Columbia, but instead, they placed it in the 11th day in Maryland. After a month of tracking him, they linked Jones to a stash house with almost $850,000 in cash, a kilogram of crack cocaine, 97 kilograms of powder cocaine, and also items to package the narcotics. He was sentenced to life in prison for possessing cocaine with the intent to sell and distribute it. Jones filed an appeal that reached the U.S. Supreme Court. He argued that placing the GPS tracking device on his vehicle was a violation of his Fourth Amendment right because they invaded his private property without a proper warrant. Because of this, his conviction was invalid since the evidence used against him was obtained illegally. The key issue of the case was whether or not Jones’ Fourth Amendment right was violated or not. After a careful delib... ... middle of paper ... ...l Law Review. 06 Feb. 2012. 20 Nov. 2013 . Thompson, Richard M. "United States v. Jones: GPS Monitoring, Property, and Privacy." Congressional Research Service. 30 Apr. 2012. 18 Nov. 2013 . "UNITED STATES v. JONES." Legal Information Institute: Cornell University Law School. 19 Nov. 2013 . "UNITED STATES v. JONES." The Oyez Project at IIT Chicago-Kent College of Law. 18 Nov. 2013 . "US v. Jones Concerning Warrantless GPS Installation and Tracking Under the Fourth Amendment." EPIC - Electronic Privacy Information Center. 18 Nov. 2013 .
When officers arrived at the living area of Johnson and his roommate, Benner Brewer, they did not have a warrant to search Johnson’s area, which violated his 4th amendment rights against a warrantless search.
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
... consent to the installation, this action should be considered as a “trespass” (Supreme 7). Dreeben has a weak following statement saying that it could be counted as a “technical trespass” but that would then make U.S. v. Karo a technical trespass (Supreme 7). Here, Dreeben illustrates the “but he did it too” tactic that younger kids use when they are questioned after getting in trouble. Kids say this when they really do not know what to say or how to justify their actions. Dreeben realizes that this would be considered as a trespass which would then mean that it was a violation of the Fourth Amendment. However, he tried to revert to the method of putting the blame of someone else because he struggled at justifying an opposing view towards Jones during this time. The court moves on from the trespassing issue to the topic of warrants for the GPS (Supreme 17).
“NEW YORK TIMES v. UNITED STATES.” The Oyez Project. llT Chicago-Kent College Of Law, n.d. Web. 5 Dec. 2013.
Vbansal. “The Effects of Dred Scott V. Sanford.” Associated Content. 06 August 2007. 26 May 2010.
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
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Columbia Law Review, 104, 1-20. doi:10.2307/4099343. Reynolds, S. (2009). The 'Standard'. An interview with Justice Ruth Bader Ginsburg.
BOWERS V. HARDWICK, 478 U. S. 186 :: Volume 478 :: 1986 :: Full Text." US Supreme Court Cases from Justia & Oyez. .
The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v. Greenwood (1988) which deal directly with the question of whether a person can have reasonable expectations of privacy as provided for in the fourth amendment with regards to objects in an open field or in plain view.
Jost, Kenneth. "The Federal Judiciary." CQ Researcher 8.10 (1998). CQ Researcher. SAGE Publications. Web. 01 Mar. 2011. .
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.
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
Rosen, Jeffrey. "The End of Privacy: How Bill Clinton Lost the Right to Be Left Alone." New Republic. Feb. 16 1998: 21-23. SIRS Issues Researcher. Web. 07 Feb. 2014.