Fourth Amendment : Privacy Of Our Society

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).

The right to privacy has not been explicitly stated, but it has been found in a number of amendments. The fourth amendment is a good example because it restricts agents from searching people without a warrant or reasonable evidence that they have committed a crime. Privacy is an important thing to people, even when the topic is completely appropriate. It is something people like about only telling things to certain people. No one is going to tell the whole country or the whole world something that they recently experienced. They would have no interest in anyone except a chosen few to tell something like that to. These chosen people would be those that are close to that person, especially if they are friends or family. For this reason, it would

In 1967, the Supreme Court ruled in Katz v. the United States, to revise the Fourth Amendment “unreasonable searches and seizures,” to cover electronic wiretaps. (Iannacci, 2015) Charles Katz a handicap basketball player conducting illegal gambling bets using three outside telephone booth (pay phones) nearby his residence to place and receive bets from gamblers. The FBI caught onto Katz’s operation, so they decided to bug the telephone booths pending investigation using the wiretaps. Katz was later detained for recorded conversations of conducting an organized illegal gambling operation. Katz defense was that the FBI surveillance on the phone booths was unconstitutional. Katz argued that his Fourth Amendment had been violated because the phone booth was made of glass, leaving him visible to the outside world with an uninvited ear should be protected under the Fourth Amendment because it’s a way of private communication. However, the clause that applies to all

The purpose for the Fourth Amendment is to protect people from intrusion of the government in areas where they have a reasonable expectation of privacy. It prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances. “The Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction. Surveillance and investigatory actions taken by strictly private persons, such as private investigators, suspicious spouses, or nosey neighbors, are not governed by the Fourth Amendment” (Criminal.Findlaw.com, 2013).

I, Savannah Parmelee believe an individual's right to privacy should be protected if they do not violate the law to a certain degree therefore, I plan to seek out evidence during my research that supports this controlling idea. I am greatly concerned about this topic due to the people’s privacy not being fully protected for both terrorist and by the government.In the video “Impact of drones on privacy rights” on “CBS This Morning” claims that “Lakota, N.D., is the first known site where a drone was used domestically to help arrest a U.S. citizen.” What the quote is saying is that drones helped arrest a U.S. citizen. The incident in the video proves that drones can help see illegal activities happening and can try to stop

test, the exclusionary rule, and pertaining to Berger vs. New York, this case examined whether or not evidence obtained by eavesdropping could be used in court. So back to one of my previous thoughts that even if the founder fathers could not view the challenges that the future would bring their amendments, we as a people, through a number of different circumstances, have come up with new parts to apply to the amendments that keep them pertinent in our modern society. Also aside from the exclusionary rule which helps the citizens if evidence is illegally obtained that it cannot be used against them in court, but in the mid 1980s the good faith exception was first instituted. This was created to help the police force or any force in use of a warrant but held an error outside of their control. In short, this helped if the warrant held a mistake but it was not the policemen’s fault so even if evidence was obtained it can still be used in court even with a flawed warrant.

In the Fourth Amendment of the U.S Constitution provides privacy as it states in the Constitution “the rights of the people to be secure in their persons, house, 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.” this amendment assures you how you have the right to your privacy a personal life or just technology without a search warrants. The Fourth Amendment was added to the Bill of Rights because it deals with the privacy for the individuals and because the people have the right to feel secure in their house or while using their technologies. There has been many court cases regarding the rights that the Fourth Amendment provides. For example in the article “Creating a Fourth Amendment loophole” talks about how there was a policeman who suspected drugs in an apartment and kicked the door open without a search warrant. When they

Preventing the right of the people to be secure against unreasonable searches, is as dangerous as climbing mount Everest. Taking the right of privacy away would cause chaos throughout America. The American people expect to live in peace; taking the 4th amendment away, would be ignorant because, the very reason people love the United states is the freedom from total government control. We are democracy and we not monarch, we are a free people. The US Constitution was created to limit the power of the government to certain things, and insure that the people where governed fairly.

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.

Researchers stated that any government officials or law enforcement officers must provide a warrant signed by the court to perform a search on a suspect home, business, or vehicle. Jones case was more persuasive in his argument due to the fact that the law enforcement failed to obtain approval warrant before proceeding a tracking device on the suspect. Jones was violated from his privacy and it was placed without the consent of him. Justice Alito believed that the evolution of technology will eventually oversee people location, which draws a line between privacy and publicness. If the law enforcement officers had a probable cause on Jones’ actions that a crime is occurring, they would have used tried to obtain a warrant or try different methods that does not violate the

The United States is not surveillance society, but the government’s ability to collect data and “spy” on its people has reached an all time high in the digital age. Americans must continue to discuss and debate the government’s ability and limits in monitoring its citizens in the modern day. ()

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.

Rakas v. Illinois, 439 U.S. 128 (1978) The Court held that a defendant must prove there is a legitimate expectation of privacy for a search to be challenged.

I think the 4th Amendment is the one most related to the right of privacy. Some of the challenges is that certain information might jeopardize national security, not only in the case of international terrorism, like 911, but also domestically. Another situation is the invasion of privacy of everyday citizens, that don’t possess any terroristic threats. According to an intelligence lawyer, the data are not covered by the Fourth Amendment, which protects Americans against unreasonable searches and seizures.

In 1967, the petitioner Charles Katz was charged in violating 18 U.S.C. § 1084 for transmitting illegal gambling information from a payphone booth from the city of Los Angeles to individuals in Boston and Miami (Katz v. United States, 389 U.S. 347 (1967)). The FBI had been aware of Katz illegal activities after following him extensively, and in an effort to bring evidence against him, placed an electronic eavesdropping device on the phone booth he had made calls from during previous events. Once the FBI obtained enough evidence to convict him on grounds of illegal sharing of gambling information, the petitioner Katz was arrested. The FBI agents pursuing the case against Katz had adhered to requirements set for applying wiretaps, but had not sought a warrant to allow the use, nor did these individuals report their results to a judge (Katz v. United States Significance). The case brought to question the right to privacy in public space, and if that right extended to pay phone booths, and also if a search warrant necessary is necessary without physical intrusion to gain information.