Fourth Amendment Research Paper

This case has become the precedent to many other cases that have followed in its likeliness. It presented the power of the fourth amendment while also demonstrating the power of lien laws in relation to hotels/ motels. It can be said that although this was not a normal circumstance the law did support the hotel owner concerning the recovery of the stolen goods. Throughout the years there have been many different rulings in relation to lien laws, but this case concreted the rules in relation to the privacy laws of guests and

Bang Bang “Police open up.” You head over to the door and open it up, the police rush in and start searching your house. They start to go through your kitchen and open up all your doors. The police can’t do that because of the 4th amendment, the 4th amendment is about search and seizures. The meaning and purpose of the 4th amendment has left an enduring impact on the U.S economy.

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.

I understand the view that the vast majority of citizens are comfortable with the searches because they have nothing to hide. However, I’m worried what the government will do once they're used to being a part of our private lives. The relationship between the government should and privacy of the people should be regulated with caution. I say this, because what if a dictator had mass surveillance in their arsenal? Imagine if Hitler was able to monitor phone calls. Imagine if Stalin could read massive amounts of private communication. How would we combat an enemy that can easily access all our forms of

Is anyone’s private information contained in their cell phone actually private? Are appointments, bank information, conversations, the user’s location or other sensitive personal information truly confidential? Is there a Big Brother watching? There is no definitive answer to any of these questions. From the beginning of time to now, privacy has become more and more scarce. Through new developments in technology, it is hard to believe that someone is not watching your move at any given moment. The government’s job is to keep Americans safe, but where is the line drawn? Where is the difference between having a reasonable doubt and accessing information solely because these government officials have the power to do so? The government has infringed upon the rights of the American people when it comes to this topic.

What if we were to wake up tomorrow to a world with out privacy? A world where our government and even powerful people in large companies could watch the moves of every single person in the country, with of course the awareness and consent through clicking the good old “I read the terms and services” button, would the Fourth Amendment still apply? The rights according to the fourth amendment are “ To be secure in their persons, houses, papers, 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 person or things to be seized” so,

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

While I can agree that there are means that the government has to use to protect its citizens, compromising their privacy is not a valid means to do so, specifically without their knowledge

Privacy is, and should continue to be, a fundamental dimension of living in a free, democratic society. Laws protect “government, credit, communications, education, bank, cable, video, motor vehicle, health, telecommunications, children’s and financial information; generally carve out exceptions for disclosure of personal information; and authorize the use of warrants, subpoenas, and court orders to obtain the information.” (Protecting Individual Privacy in the Struggle Against Terrorists: A Framework for Program Assessment, 2008) This is where a lot of people feel as though they have their privacy violated. Most Americans are law-abiding citizens who do not commit illegal acts against the country, they want to go about their lives, minding their own business and not having to worry about outside interference. The fine line between privacy and National Security may not be so fine in everyone’s mind. While it is the job of government agencies to ensure the overall safety of the country and those living in it, the citizens that obey the law and do not do anything illegal often wonder why they are subject to any kind of search, when they can clearly point out, through documentation, that they have never done anything wrong.

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.

Many pros and cons exist to the data collection of the National Security Administration. Whenever we talk to a friend on the phone, we expect that this phone call will be a private conversation. We assume that our phone call isn’t being recorded in any way and that there isn’t a third person listening in to our conversation. Unfortunately, we never know for sure how private our conversations are. The same goes for our emails, text messages, and other forms of communication. This can be viewed either positively or negatively.

In the year of 2013, the activities of the NSA was exposed to the public and what we found out was infuriating. Apparently the National Security Association has been snooping through the personal records of the public looking for warning signs of terrorist activity. Now, this might not come off as a problem at first glance however, they are doing so without our permission. Why does this matter to you? Well the NSA could be tracking you at this very moment as you read this article. Shocking right? Government surveillance is a bad program with good intentions. Since it is violating the rights of the people, proven to be flawed, and lacks explanation as to what it really is, it is a no-no.

considering such an inconceivable act of bigotry, but the government has become increasingly popular in spying into the lives of their own citizens, further violating rights and freedoms. For instance, ‘Your Digital Trail,’ readers become aware of the effortless tactics in which the government can access personal information through digital files (Zwerdling, 2013). In addition to this information, the author shares with the public that the government can also obtain travel information, medical conditions, private conversations, cell phone call logs and emails (Zwerdling, 2013). The purpose of this national spying agency? To allow the government to search through information without a warrant as mandated by the fourth amendment of the Constitution. One original intention of these practices may have been to protect citizens from international dangers, but in reality, it is a loophole to the Constitution the government is sworn to

What will you do if you have access to everyone’s personal information? In “Your Digital Trail, and How it Can Be Used Against You” from NPR, author G.W. Schulz & Daniel Zwerdling describe how easy the government or any other agency could get people’s personal information. After the rise of crime and terrorist attacks in the US, the government passed an ACT in order to get access to citizens’ health information. A research warrant, a court order or a subpoena are also used to get anyone’s personal information. While some people mention that having access to American’s personal information could help prevent crimes, be more secure or help to catch criminals, others argue that they do not have privacy, could be used against us or third parties could have easy access. I believe the US government should be allowed to use digital information because could help to find lost people, could be used for criminal prosecution and help to protect the life of others.