Essay On Violate The Fourth Amendment

If an individual has a hard time getting up and adjusting things such as how bright the lights are, the individual can say, “Hey Alexa, dim the lights please”.[2] Then the Amazon Echo will proceed to dim the lights. The Echo Dot could also control the temperature of the room as well and adjust it with a command [6]. Also, if an individual decides to watch TV but does not want to get the phone and order pizza, he or she can say, “Hey Alexa, order a large cheese from domino's.” A negative effect Amazon Echo has on society is how it's always listening. Currently the Amazon Echo is being used in a murder case in Arkansas, which raises the question about how private an individual's conversations are. However, the police had to obtain a search warrant in order to access the Amazon Echo. This answers the question that an individual's conversations are being recorded by the Amazon Echo because it’s always on and listening. This can deteriorate people from buying the Amazon Echo, and other personal home assistants as well. As a result of this possible outcome, the economy could take a hit as well since everything has started to go with using voice commands such as the Xfinity X1. People would not invest their money into these companies and sell off their stocks because since the Amazon Echo stores the conversations on the cloud, a hacker could gain access to it and it could be used against them in a court of

Protecting American citizens from unreasonable searches and seizures is the central idea of the Fourth Amendment; however, the Fourth Amendment may also apply to electronics. Classified organizations, such as, the NSA secretly collect information that includes, details of phone calls, e-mails, and personal Internet activity, although, in 2013 the NSA’s secret was revealed to the public, since it was not publicly known that the NSA had been collecting bulk phone data. The NSA later tried to defend itself and state that it doesn’t mean that they collect all personal records, such as, medical records and library records. In order for the NSA to legally store phone data the agency must first receive a warrant from the FISA Court each time it wants

Once someone reaches a level of reasonable suspicion, police officers are allowed to stop and frisk the suspects. If they are still thought to be participating in illegal activity it becomes probable cause and then the suspect will be arrested and interrogated. Due to Miranda rights people have the opportunity to speak with an attorney before being questioned and may also have one present while being questioned.

According to the United States Constitution and the Bill of Rights, the Fourth Amendment can be best defined as an amendment providing 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, 2012). In general terms, the Fourth Amendment protects from illegal searches and seizures performed by governmental agents. In 1763, William Pitt stated that under any circumstance or living condition, whether the roof was falling in or the walls allowed wind through, even the King of England was not allowed entrance into ones home (History, 2016).

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.” –U.S. Constitutional Amendments

All Americans are entitled to their rights. The Fourth Amendment states that we the people have to deny search and seizures from law enforcement without a warrant. The fourth amendment generally prohibits police from entering a home without a warrant unless the circumstances fit an established exception to the warrant requirement. According to the book The Constitution: Our Written Legacy by Joseph A. Melusky, the Fourth Amendment gives the right of the people to be secure in their person, houses, papers, and effects against unreasonable searches and seizures. Although we are entitled to these rights, police sometimes use and abuse their authority. In many cases, the Fourth Amendment has helped prove the innocence of one’s actions.

Throughout history, there are many cases that violated that right of the citizen especially the Fourth Amendment. What is the Fourth Amendment and why do many people challenge this amendment? The Fourth Amendment is the right of the people to be secure in their persons, houses, and effects against unreasonable searches and seizures, shall not violate, and no warrants shall issue, but upon probable cause. The biggest problem with this amendment that many people tried to challenge is what is reasonable or unreasonable to searches and seizures. One case that challenges the Fourth Amendment is New Jersey v. T.L.O. that was argued on “March 28, 1984” ("New Jersey v. T.L.O." Oyez) and reargued on “October 2, 1984” ("New Jersey

America’s Founding Fathers believed in establishing a strong democracy that focused on the individual rights of man. The idea of moralities that humans naturally possess was a strong influence in the establishment of a country that attempts to provide a written decency that all should have a right to receive. The fourth amendment right against unreasonable searches and seizures, along with many others, created in the Bill of Rights has become seemingly infringed in the name of security and overall welfare to all.

The 4th amendment protects the citizens of the U.S. rights against unlawful search and seizure. This includes building a database of information that can be retrieved at any time for any reason just for the sake of collecting information. This gives the government access to personal information without the need of a warrant, just to “look into” someone’s life. If this is okay for the government to do, what is next? Personalized RFID tags for every individual who comes into the US? This would allow the government to secure the country by knowing where every individual is located in the country. Where is invading others privacy okay for the sake of securing the country from

The Fourth Amendment generally requires a warrant for the search and seizure of personal property, but no warrant is necessary when the owner voluntarily consents to the search or seizure. However, an owner may revoke his or her permission prior to the completion of the search, and the court admits the evidence found prior to the owner revoking consent. The United States Court of Appeals for the Eleventh Circuit has repeatedly held that the government may search a photocopy of a document after the owner revokes consent. The Eleventh Circuit has not addressed the issue of whether searching a mirror image copy of a computer hard drive may occur after the owner revokes consent. In United States v. Sharp, the Northern District Court of Georgia determined that although the searching methods for paper documents and computers differ, a government official may search a mirror image computer copy made during the scope of the owner’s consent.

I believe that the government has good reasoning to want to go through our phone conversations and e-mails, but that doesn’t make it right. The fourth amendment prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate. This means that they can’t just go against the United States Bill of Rights and dig through people’s electronic devices. Part of the first amendment states you have the freedom of speech. If you have freedom of speech and the government is watching and listening to your conversations and you accidentally say something that sounds like terrorism but you happen to be joking, they can arrest you because they are suspicious. Both

The Fourth Amendment is based on probable cause which means that there are reasonable grounds for an action. When police go to get a search warrant from a judge they must have a good reason. Probable cause in the fourth amendment, “protects people’s right to privacy and freedom from arbitrary governmental intrusions (L.I.I Fourth Amendment).” “There a circumstances when police feel that the public is at risk and they will then pursue a warrantless arrest (L.I.I Fourth Amendment).” When Apple receives a request from the government for customer information, they cannot oblige “without a court order(Apple).” It is important to some companies to protect their customer’s information, make sure it’s safe, and to ask for a warrant. Probable cause

Unreasonable, warrantless searches and seizures should not take place because it violates the Fourth Amendment of the U.S Constitution by depriving the right to privacy. A search is when an individual's privacy is violated; the privacy of an individual is violated by a Government employee or agent. When a search occurs, a warrant must be present or the privacy of the individual is deprived; one’s privacy is also deprived when a warrantless seizure occurs. The seizure of property is when the government takes possession of an individual's property. Warrantless seizures of property are mostly prohibited, unless there are justifiable expectations. The Wall Street Journal stated, "you can’t have a hundred percent security and then have a hundred

The Fourth Amendment plays a role in every American’s daily life. The Fourth Amendment in involved in our communication and texting, when a cop can perform a traffic stop, and who can enter your home. This Amendment has always played a large role in the lives of Americans, and has grown with society since it was ratified in 1789.

Victor Collins also holds the right to privacy within his own home. Payton v. New York has set the precedent for expecting privacy within your own home. Alexa is a device that is used within your own home, and therefor cannot be searched without a warrant. If we were to give them the right to search smart house technology, it would undermine the whole idea of public versus private