Fourth Amendment

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

The 4th amendment, search and seizure causes a lot of problems. Search and Seizure is the rights that police have when they enter in a home. The standard for conducting a warrantless search, probable cause, is the same standard necessary for a warrant to issue. An illegal search or illegal seizure is a violation of your Fourth Amendment rights, and any evidence seized must be excluded from trial. Normally police need a search warrant to enter into a home unless they get the consent to enter in the home without one they normally don't go go into a home without anything. A terry pat is when a police officer can detain or conduct a reasonable search for weapons where the officer has the reason to believe the person is armed. Auto stops is

The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. These pamphlets however ridiculed the king and his ministers. After finding this out the king issued warrants to have the pamphleteer’s homes ransacked and stripped of all their books and papers. Even back then the pamphleteers knew that their rights

As humans evolve on earth, it has been inevitable to find solutions and create easier ways to manage and live life. Technology now promises the future and has revolutionized the everyday life of Americans. The rapid rate at which technology is evolving has left a gap in which the law has not been established in a clear manner. The Constitution is the law of the land and serves as a living document that grew up parallel to our nation. The law of the land itself has been adapted and molded as it prioritizes the rights and liberty of its citizens. Now a day women are allowed to vote and the legal age to vote is 18 as where in 1787 the constitution had established that only older men could vote. The science and technological progress happening

After the horrific terrorist attack on the date of September 11th, 2001 the U.S has passed a law to help prevent terrorist attacks. Through the use of tapping phone lines and checking citizens Internet usage. The U.S. department of Homeland Security’s purpose was to organize the National Security Agency, the Pentagon, the Federal Bureau of Investigation and the Central Intelligence Agency. The design was intended to product the people of the U.S. It allows the government to search people’s home without a warrant. The causal factors that allow the government search through without warrant are: emails, phones and search engine searches. There is a problem the 4th amendment “The right of the people to be secure in their persons, houses,

The Fourth Amendment establishes that for any government official to search a person's home, bank, business, papers, or personal items, he must have a search warrant issued by a judge. The Bill of Rights gives to citizens’ certain rights and freedoms, and specifically, the Fourth Amendment protect them from illegal searches and seizures. “The Fourth Amendment does not guarantee against all searches and seizures; only those are deemed

The 4th amendment to the US Constitution serve as a security to the privacy of citizen but as American citizen would rarely have the government to use the surveillance to ensure the nation security from terrorist threat. People use the internet, phones, and cameras to record information. The government do wire taps and now even in the City of Atlanta we have camera on light poles and on the streets in downtown but it is for a good reason to help protect the people that work, live and walk the streets this also help the police where that they are short of help. I think the government has stop more attacks on the country using the surveillance since 9/11 incident. I believed if this will help protect us then the government

The Fourth Amendment allows U.S. citizen to feel secure. And that security is not going to change because the fourth amendment is “set in stone” (salon.com, 2013). Obama did speak on the security of phone calls and he said the government looks at the duration phone calls and their numbers. However, he did go on to say “This program, by the way, is fully overseen not just by Congress, but by the FISA Court, a court specially put together to evaluate classified programs to make sure that the executive branch, or government generally, is not abusing them and that they’re — it’s being out consistent with the Constitution and rule of law” (www.fednews.com). The Judicial Oversight on the information that the government receives allows citizens to

The 4th Amendment of the United States Constitution states that the police cannot make arrest, search citizens and their property without a warrant, take away objects or participate in surveillance unless given authorization from a judge or if the issue needs a search or seizure without the court's approval (The

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

Until now, many people argued that searching of historical cell phone records affects people’s privacy, but some other argue that the fourth amendment gives extreme protection for people’s privacy and it puts the country’s safety at risk. In general, it’s obvious that the fourth amendment gives extreme privacy to people since searching for the call history of a person to find just the location and time of call of a person without getting deep into its contents doesn’t touch the privacy of a person but at the same time gives an important information for

Large organizations may sometimes have data that is required to have been stored (4.4). NSA stores data by simply taking the encrypted data and storing it in their databases (4.4). The data stored may include real-time communication services such as Skype and even Apple’s Facetime, or even the extreme health care providers (4.4). If the NSA stores this sensitive data and able to access it, what keeps the data from being open to anyone with means of obtaining it. In order to legally take data from a citizen the NSA must get a warrant in the Foreign Intelligence Surveillance Courts. In 1979, A Supreme Court ruling found the NSA guilty of storing data illegally, after the ruling the NSA continues to still store data

Under the Bush Administration, the Protect America Act was passed in the wake of the terrorist attacks on September 11th, 2001. As a result, in 2007, the National Security Agency designed and operated a surveillance program called ‘Prism’. The programs’ intent is to gather web communications from major United States internet corporations. Under Section 702 of the FISA Amendments Act of 2008, Prism collects suspicious stored web communication and further employs communication companies such as, Verizon, to turn over all data that included court-approved terms, that indicated conspiracies targeted to compromise our national security. ("NSA PRISM Slides - IC OFF THE RECORD," 2013). Now, you may feel conflicted about their approach to securing our safety, but some are certain that this is undoubtedly a breech in our civil liberties. Lee (2013), states, “Civil liberties groups warned that the PAA 's vague requirements and lack of oversight would give the government a green light to seek indiscriminate access to the private communications of Americans. They predicted that the government would claim that they needed unfettered access to domestic communications to be sure they had gotten all relevant information about suspected terrorists.” Imagine we have a government that justifies spying on its citizens without any legal authorization to do so. The exploit our trust by suggesting that they

The Fourth Amendment is another interesting Amendment which involve searches and seizure. In the U.S., cops generally require a court affirmed warrant to lead an inquiry of a private home or business and gather proof identifying with a criminal action. Portrayal from their opposing association with British powers within the colonial days, the composers of the Constitution instituted that procurement to secure natives' protection and guarantee that police did not mishandle their authority. Today, as wrongdoing battling innovation has developed more refined and police observation more complete, such laws have ended up open to different understandings by officers and the courts.

If the NSA were to get a warrant for every single phone call, email, text etc. that they want to go through, to follow the Fourth Amendment, it would take a very long time. Waiting for a warrant slows down the process of catching a suspect, and it can also be blamed for losing new, critical evidence. The NSA has to go to the FISA (Foreign Intelligence Surveillance Act) in order to get a warrant which may take some time says David Sirota writer from International Business Times. (Source 1). Both the NSA and the FISA have to make sure that the warrant has a probable cause, and that it obeys the Fourth Amendment (Source 1). It also must be supported by a statement or some other visible fact or evidence, states the Fourth Amendment (Source