Electronic Surveillance Paper

The Fourth amendment of the bill of rights prohibits unreasonable searches and seizures any warrant to be judicially sanction and to support to probable cause.

One of the many freedoms we enjoy, as Americans is the right that protects us from unreasonable search and seizures; as well as the necessity for a search warrant when law enforcement wishes to search someone’s property. This right is known as the Fourth Amendment and it contains two clauses: the first one is the reasonableness clause, which states that we are protected from unreasonable searches and seizures. The second part is the warrant clause, which states that a warrant must be issued upon the finding of probable cause. It must then be supported by an affirmation and particularly describing the place to be searched and what us intending to be found.

The fourth amendment protects citizen’s right against unreasonable search and seizures. Law enforcement are required to show probable cause to be issued a warrant which grants law enforcement to conduct a legal search. There are a few exceptions when a warrant is not required, but probable cause is still needed.

The Fourth Amendment under the Constitution prohibits unreasonable searches and seizures. Katz v. U.S., 389 U.S. 353 (1967). The general rule under the Fourth Amendment requires a search warrant to be obtained before a search. Riley v. California, 134 S. Ct. 2482 (2014). However, a search without a warrant may be reasonable if it falls within an exception to the warrant requirement. Id. at 2482.

In easier terms, the fourth Amendment was written to protect people from unreasonable searches and seizures, and if a search or seizure was reasonable government was now required to have a warrant issued from the courts in order to do so. In order for the courts to issue a warrant to search, which is usually a person’s home, or car, or even their work place, there must be probable cause. Probable cause must be “supported by evidence strong enough to establish presumption” according to the Merriam-Webster Dictionary. For example, if the court’s issue a warrant to search an individual’s they must lay details out on why and what can be searched.

The fourth amendment to the United States Constitution is part of the Bill of Rights, and was introduced to Congress by James Madison in 1789. The role of the Fourth Amendment is to prohibit unreasonable search and seizure and a warrant is to be required that is supported by probable cause. Even though the Amendment was introduced in 1789, it wasn’t adopted as an official amendment until 1792, because in December of 1791 three quarters of the states had ratified the amendment. The fourth amendment had a case law that dealt specifically with three different questions: “what government activities constitute “search” and “seizure”; what constitutes probable cause for the actions that was taken; and how violations of the Fourth Amendment rights should be addressed”. (Brady)

We will briefly discuss the Fourth Amendment and what is said within it, which was: that it covers the right for individuals to be free from unreasonable searches and arrests, feel secure in our residences, persons, and to be protected from unreasonable searches and seizures, which could violate our rights, and to have probable cause, especially we are being served with a warrant. The paper warrant must also list the area or place to be searched, or the persons or item that will be confiscated. The Supreme Court also held that our Fourth Amendment will not always require an officer to have a paper warrant for all searches; but, it does prohibit any type of unreasonable searches. Thereby, “all warrantless searches are unreasonable unless they are executed pursuant to one of several exceptions carved out by the Court” (“Criminal Procedure”, 2005, para.

The 4th Amendment to the United States Constitution was introduced to Congress in 1789 by James Madison, however it was not adopted until 1791, and is an extremely important amendment contained in the Bill of Rights. “In the past forty years, the U.S. Supreme Court has increasingly advanced the notion that the Fourth Amendment encompasses the common-law restrictions on searches and seizures,” (Mannheimer, M. Z., 2015, p.1, para.1). The Fourth Amendment requires governmental searches to be conducted only when a search warrant is issued, sanctioned by probable cause and supported by oath of affirmation, however, there are exceptions to this rule that are stated in the “Exclusionary Rule,” which was established in 1914. The “Exclusionary Rule” states that there are certain instances, where a search can be conducted without a warrant, such as probationary searches, plain view searches, exigent circumstance searches, border searches, and consent

When our founder fathers were trying to determine which rights are most significant and timeless to the people, the right to be protected from illegal search in our homes and effects was one the first rights put into legislation (The fourth one to be exact). The fourth amendment protects people from being searched without justification. The word “Justification” draws debate because there are various opinions on when a search is & isn’t justified. For example, a warrant justifies a search of a specified location. The warrant must also include what law enforcement is looking for. If the police knock on your door with a warrant to search your property for a stolen car, they’ve got no reason to look in your closet. There are exceptions, however. If an officer can see something in plain view, a warrant is not required. The same goes for private businesses. If Apple wants to see who you email or call, they don’t need a warrant. All Apple customers must agree to company terms and conditions. If a person strongly disapproves of these conditions, they don’t have to buy the product, simply put. Another exception that isn’t often thought about, arrests. If a criminal is running from an officer and goes to their home, locks the

The Fourth Amendment of the Constitution was created so authorities should need a warrant to search a home or property, for U.S. citizens have freedom from arbitrary governmental intrusions, and for all searches and seizures must be reasonable. Although, an officer should be able to search on the spot if they feel they have probable cause. “The 4th Amendment and the personal rights it secures have a long history. At the

The Fourth Amendment Precludes worry about government trespassing. David Sirota author of the website”Does the government actually understand the 4th Amendment?” says "Mother Jones Reports that an 86 page court ruling determined that the government had violated the spirit of federal surveillance laws and engaged in unconstitutional spying"(understand). Cornell University law school states, "electronic surveillance is also considered a search under the fourth amendment.” (Fourth amendment). Cornell University also states,"A seizure of a person, within the meaning of the Fourth Amendment, occurs when the police's conduct would communicate to a reasonable person."(Fourth Amendment).According to the American Civil Liberties Union the NSA examines

The legal definition pertaining to a search and what authorizes a search has modified overtime due to decisions made in various court cases. Professor Rose at Stetson Law gives an overview of searches and seizures; the professor elaborates on the steps used when determining the legality of the Fourth Amendment. The six steps of the broad Fourth Amendment template include: who does the Amendment apply to, has there been a search or seizure/seizure, is there probable cause, did law enforcement need to get a warrant, is the search conducted by law enforcement reasonable, and what happens if there is a violation of the Fourth Amendment (lecture 3 - https://www.youtube.com/watch?v=B3rXXu9_QxA). Additionally, the factors crucial for a search to

Although the Fourth amendment protects our privacy and safety the government should be aloud to search our personal property with a search warrant given with a probable cause. A search in the eyes of the Fourth Amendment arises when a governmental employee or agent violates an individual's acceptable idea of privacy explains Cornell University Law school. Also, The American Civil Liberties Union says Fundamental problems say the government can not collect surveillance without probable cause. FISA amendment act signed into law by president Bush in 2008 expanded government authority to monitor Americans electronic communications claims the United states Senate Committee on the Judiciary. David Sirota Author of “Does the government actually understand

A search warrant is a signed order by a judge/magistrate that authorizes the police to search specific locations in order to seize specified items during a specific time frame. The searches are typically intended to search locations seize evidence in relation to probable cause that the suspects are engaged in criminal activity, are about to engage in criminal activity or had engaged in criminal activity. The concept for search warrants originates from the 4th Amendment which 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 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 can be broken down into two sections. The first section is considered the “reasonableness clause” where it states that unreasonable searches and seizures are prohibited. The next section is the “warrant clause” which specifies the requirements and limits of searches and seizures. Through these clauses, the 4th Amendment is designed to protect the people from unreasonable searches and seizures.

The Fourth Amendment to the U.S. 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, 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 (Fourth Amendment). The text of the Fourth Amendment does not define exactly what “unreasonable search” is. The framers of the constitution left the words “unreasonable search” open in order for the Supreme Court to interpret. Hence, by looking at