Fourth Amendment Essay: The Right To Privacy

Privacy is defined and interpreted differently depending on the person or persons involved. The one thing that is agreed upon is that privacy in all forms is a right and shall receive equal protection for all people under the laws of the constitution. This includes the right to our personal affairs to be let alone, financials, medical records, opinions, privacy of worship, privacy in our homes and intimate interactions. However right to privacy extends far beyond our personal lives and information being left alone and out of the public eye. In the past privacy was not something that was thought of so

Most Americans feel trapped by the government. They believe that the government is spying on them just to do so and that there is absolutely no reason for it. However this is wrong because the government has several reasons to spy on us Americans. Even though this may seem outrageous, it is needed and there are ways the United States’ citizens have privacy. With all of these false accusations it is simple to see why people would be supportive of our right to privacy. On the other hand, the government eavesdropping on the people of the United States has helped save many lives and justice being served. The United States of America is a free country, so we should have the option to be spied on by the government; however, as citizens we do

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

The Fourth Amendment is the right for people to be secure in their homes, papers, and effects against unreasonable search and seizure. The amendment also states that warrants will not be issued unless they are issued under probable cause. This amendment is the biggest factor in the case of Omaha Herald v. Police, however, this case cannot as easily be defined by the Fourth Amendment can be and there are arguments and cases which can be made for both sides.

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.

While there is no “right to privacy” explicitly mentioned in the United States Constitution, the Supreme Court believes that several of the Amendments embody this right; specifically the First, Third, Fourth, Fifth, Ninth and Fourteenth Amendments [6]. The First Amendment protects the privacy of one’s beliefs [6]. The Third Amendment protects the privacy of the home against it being forcibly used to house soldiers [6]. The Fourth Amendment protects against unreasonable searches [6]. The Fifth Amendment protects the privacy of personal information [6]. The Fourteenth Amendment provides for a right to liberty in the areas of family, marriage, motherhood, procreation, and child rearing [6]. And lastly the Ninth Amendment is a “catch-all,” declaring that just because a

The first amendment allows the person privacy of beliefs, the fifth amendment give the person privacy of personal information and other amendments gives the person the right of privacy. Some people still argue that Americans doesn’t have the right of privacy. The supreme court, however, recognized that the 14th amendment gives the person privacy in different subjects. After that the court stated that the person has the right for privacy and the person makes his own decision. This source is useful as it supports the idea that americans has the right for privacy. This source is a reliable source as it is published on laws which is a website for publishing articles especially political ones. I think other sources were more helpful as they specified the advantages and the disadvantages of the americans privacy. I can use this source to prove that the right to privacy was one of the amendments in the Bill of

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 provides citizen the freedom of privacy. The expectation of privacy is covered under the Fourth Amendment in order to protect this privacy. I strongly believe that an officer should obtain a search warrant in order to violate one's right to privacy when crossing the boundary of personal items. By searching an individual backpack, purse or wallet, one's privacy is invaded. According to the court in People v. Cregan personal items such as cigarette packs (found in pockets), wallets, or purses may be searched due to these items being inaccessibility of the individual at the time of an arrest. This ruling allows officers to violate one's privacy by searching these items; even though, the items are personal to the individual.

The Fourth Amendment makes certain that people are protected within themselves and “no warrants shall issue, but upon probable cause.” Although the Fourth Amendment protects the privacy of people, today’s technology has led to privacy issues that need to be addressed. For illustration, when people comment on Twitter, Twitter and a few other digital companies keep all the comments a person has ever posted. Similarly, warrants must be used at all times if people are seizing information from someone, but searching through metadata does not need a warrant and there is no cause. Another issue is surveillance captures people with cameras, and people who have not committed a crime are still being watched, but security people do not need a warrant

Put yourself in the shoes of a drug dealer. Your “associate” is napping in the back seat while you are transporting 54 grams of cocaine. Then suddenly you get pulled over, its soon made clear you were just being warned about a broken tail light. The officer notices the man sleeping in the back and gets suspicious. Following through with his request, you allow the officer the search your car, concluding with him finding your stache of illegal drugs. Regardless of your protection from unreasonable searches and seizures under the Fourth Amendment, the officer can still use the evidence against you.

In 1787, the constitution was born. The constitution has been America’s guideline to the American way of life. Our US constitution has many points in it to protect America and it’s people from an overpowered government, our economy, and ourselves. The only thing the constitution doesn’t directly give us, is our right to privacy, and our right to privacy has been a big concern lately courtesy of the National Security Agency (NSA).(#7) Although our constitution doesn’t necessarily cover the privacy topic, it does suggest that privacy is a given right. Some people say that the right to privacy was so obvious, that our founding fathers didn’t even feel the need to make a point about it.(#9) It also didn’t help

The right to privacy was not established as a constitutional doctrine until after the result of the Supreme Court ruling in the 1965 case of Griswold vs. Connecticut. The court decision was based on the interpretation of several amendments within the Bill of Rights. Although the Bill of Rights does not explicitly state anything about the right to privacy, a combination of its sections was used as the framework for establishing the right (“Griswold v. Connecticut (1965),” 2007).

"Security is mostly a superstition. It does not exist in nature. Life is either a daring adventure or nothing." -- Helen Keller