The reason why this is so important to the fourth Amendment is because the federal government wants Apple to unlock its contents. This is not right, by doing this the government is not following the fourth Amendment. By unlocking the iPhone everyone that has one is at risk of getting their private information released. By compromising the security the trust that everyone has in the project will also be compromised.
Apple has the right to resist the FBI’s pressure to hack Syed Farook’s phone. Some say that Apple had no right to resist because the FBI are working on a case, but to hack into someone’s phone breaking their privacy, which is violating the Fourth Amendment. On Google, the fourth amendment clearly states, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The amendment does not say that third parties can force people to help aid the Federal Government. The FBI has no right to invade on Farook’s life. Some again say, yes they do, they are trying to protect Americans from future bombings, shootings, and any other types of terrorism. However, this may be true, it
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” Sound familiar? Well it should. That quote was a section of the Fourth Amendment to the United States Constitution. Those lines are one of the many things that set America apart from other countries around the world. It has protected us for centuries from “unreasonable searches and seizures…” made by anyone, including the government. This is all beginning to change with the inventions of the smartphone, computer, and even GPS. These inventions have possibly turned our world for the better, or maybe even for the worse.
The necessary and proper clause allows the government to take action within reason to ensure the safety of Americans. The phone could contain information that would ensure national security. Apple is therefore putting the nation at risk.
The events of the San Bernardino shooting were a tragedy. 14 people were killed, and another 22 were injured when a married terrorist couple staged an attack on a Christmas party. This was an unmitigated catastrophe, but it spawned one of the most important security debates in recent memory. The FBI wanted to unlock one of the suspects phones, but were unable to do so because of security measures on the phone. The FBI wanted to brute force the password lock on the iPhone, but device would wipe itself after 10 failed attempts to unlock the iPhone. Thus, the FBI asked Apple to create an intentionally insecure iOS update, specifically for this iPhone, in order to bypass the security restrictions. Apple disagreed with the FBI, and tried to avoid helping the FBI in such a way, arguing it would undermine the purpose of security itself. Overall, Apple has the best argument, both legally and as a matter of public policy.
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).
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
Cell phones and technology have increasingly become more ubiquitous and pervasive in human lives. Uses range from making phone calls to searching where the nearest hospital is. Mobile phones have become more like computers rather than a cell phone. You can find more about a person with their phone, than looking through their apartment. Cell phones have become a device that can hold a lot of information about you that can be used against you in court. Similar to you house or where you live, you might own things that are against that law to own. Due to that, our founding fathers in the 18th century came up with the Bill of Rights. In that, the Fourth Amendment states that a person has the right to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.
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 has limits on the government’s rights to search our houses and businesses and to seize documents and other personal effects. It requires that the government should have reasonable cause for the search and seizure. That is, there must be a proof to support the specific search. The main drawback of the Fourth Amendment is first, personal information is not safe in our homes or in our offices. Most of the laws allow police to get access from nongovernment databases without any
The Bill of Rights is a necessary piece of the Constitution, written to protect the people of the United States of America. The fourth amendment in particular is designed to protect one from unreasonable searches and seizures of ones property. A search or seizure is considered unreasonable without an issued search warrant. However, a peace officer may search without having a search warrant if there is probable cause. According to Cornell University Law School “The Fourth Amendment applies to the search and seizure of electronic devices.” The fourth amendment does have rules set for protection of telephonic and electronic activities requiring search warrants, but the terrorist attack on the World Trade Center has altered this law.
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
Privacy is very important to some citizens, especially privacy in regards to personal and family matters. No one wants someone following and observing their every move, they also do not always enjoy the outside input of people who do not know their whole situations. The Fourth Amendment in the Constitution “protects people from unreasonable searches and seizures by the government” (What Does the Fourth Amendment Mean?). This has provided citizens with a way to protect their privacy and prohibits the government and law officials from search through one’s personal and private belongings without having a cause to do so. The amendment “is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law” (What Does the Fourth Amendment Mean?). Those who are not participating in illegal activities and have given no reason for their property to be searched are protected by this amendment. However, those who have provided law enforcement with a reason to search their property should be presented with a warrant justifying the search and seizure.
The Fourth Amendment have limits on the government’s rights to search our houses and businesses and to seize documents and other personal effects. It requires that the government should have reasonable cause for the search and seizure. That is, there must be a proof to support the specific search. The main drawback of Fourth Amendment is first, personal information is not safe in our