Fourth Amendment Basics And Law Enforcement Hacking Essay

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.

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

In the year of 2017, it is hard to find any person whose life does not revolve around their electronic devices. The Internet has changed the way people function, and become a crucial resource in schools, workplaces, and homes all over the world. There are people who feel they could not survive a day without it, and, of course, there are people who are wary of its dangers. Children are taught from a young age to tread carefully when using the Internet, and teenagers can recite lectures they have received from their parents time and time again: “Don’t talk to strangers,” “Be careful what you download,” and most importantly, “Never share your personal information online.” What most of these parents do not know, however, is that you do not have to share your personal information for it to be collected. Not only is your information collected without your consent—it can legally be used against you. Many statutes involving Internet surveillance were rudimentary and non-invasive at their creation, but on October 26th, 2001, everything changed. The Patriot Act was signed into law, just forty-five days after the horrifying terrorist attack on the Twin Towers. The USA PATRIOT Act, more commonly known as the Patriot Act, was not a single piece of legislature, but a package of amendments to preexisting laws. The most notable changes in the Patriot Act are the amendments to the Foreign Intelligence Surveillance Act of 1978 (FISA), the Electronic Communications Privacy Act of 1968 (ECPA),

|Bob Barr. "The Cybercrime Treaty Threatens Civil Liberties." Opposing Viewpoints: Cyber Crime. Ed. Louise Gerdes. Detroit: Greenhaven Press, |

Explain your answer. This was a legal arrest because she had probable suspicion. She saw with her own eyes suspicious activity that is generally done when dealing drugs.

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 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 of the Constitution holds grave importance for the citizens of the United States of America. This amendment of the Constitution is exceptionally important due to the fact, that it protects citizens from unreasonable searches or seizures. However, the phrase, “reasonable expectation of privacy” is a different aspect that is pertinent to the evolution of the Fourth Amendment, and Riley v. California. To dissect this phrase, reasonable is the important aspect here, this is where the court must decide what is and what is not reasonable, in relation to the Fourth Amendment. Privacy, on the other hand, seems to be defined inadequately. (Baude & Stern, 2016). Within this, importance comes from the actual warrant requirement

The Fourth Amendment in the Bill of Rights is the foundation for life of citizens in the United States: everyone needs it, and without it, they would crumble and fall subject to government tyranny. In the case of the Fourth Amendment, the framers needed to find a way to protect the people of their country, whether it was for citizens to be secure in their houses, their papers, or their person, the framers had to amend a law that would defend their country and its beliefs against government intrusion. The Fourth Amendment was implemented into the Bill of Rights to ensure citizens received a fair trial, to ensure that their inherent right of privacy was protected, and to ensure the government had less power.

In 1791, a vital document for the United States of America was written. The Bill of Rights. James Madison fulfilled the Anti-Federalists wishes by adding a list of rights to the constitution in order for the document to be ratified. The Bill of Rights addresses rights and freedoms which were violated under British rule. Although all 10 amendments are important, I have analyzed each one and ranked their importance. In 1791, some amendments would seem more important than others due to the recent events from the Revolution. Each amendment is relevant in its own way but some are exercised more than others by individuals in the United States. The first amendment of the Bill of Rights is the most important amendment.

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 protects individuals from illegal search and seizures. Most search and seizures that are made without a warrant are unconstitutional and invalid; however, there are many exceptions to an amendment. According to Lawyers.com “there are several exceptions to the warrant requirement that permit warrantless searches, such as the automobile exception and a search incident to lawful arrest” (Unlawful Vehicle Search & Seizures, 2017). Officer Taylor thought a minor traffic violation occurred, therefore, the officer had reasonable suspicion to make the initial stop. In the case of Whren v. the United States, the case concluded that, “the existence of probable cause to believe that a traffic violation has occurred establishes the constitutional reasonableness of traffic stops regardless of the actual motivation of the officers involved” (U.S. Constitution: Fourth Amendment, 2017). Based on the Whren v. the United States case, the factor that the taillight ended up being operational doesn’t conclude the stop unjust because the officer thought the light was broken.

The Fourth Amendment was part of the Bill of Rights on September 5, 1789, but it was added to the Constitution on December 15, 1791. The government cannot arrest a person if they have committed a crime. It also goes to the government as well. The Fourth or IV Amendment is a well known law because the police can’t search you, it give you protection and you won't be arrested if you say no to a policeman that they can search you.

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

Technology has become very effective for a thriving generation, but it also possesses a handful of flaws that counter the benefits. Technologies help people post and deliver a message in a matter of seconds in order to get a message spread quickly. It also gives individuals the power to be the person they want to be by only showing one side of themselves. But sometimes information that had intentions of remaining protected gets out. That information is now open for all human eyes to see. This information, quite frankly, becomes everybody’s information and can be bought and sold without the individual being aware of it at all. However, this is no accident. Americans in the post 9/11 era have grown accustomed to being monitored. Government entities such as the NSA and laws such as the Patriot Act have received power to do so in order to protect security of Americans. However, the founding fathers wrote the fourth amendment to protect against violations of individual’s privacy without reason. In a rapidly growing technological world, civil liberties are increasingly being violated by privacy wiretapping from government entities such as the NSA, Patriot Act and the reduction of the Fourth Amendment.