Pros And Controversies Regarding The Scope Of Fourth Amendment Protections

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Controversies Regarding the Scope of Fourth Amendment Protections The Fourth Amendment of the United States Constitution ensures “[t]he 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”. Defining the boundaries of what can be deemed an unreasonable search, and what defines a probable cause has caused a myriad of debate since its creation. This issue has exacerbated over time with the rapid development of technologies. Recent technological advancement has generated a plethora of new circumstances where the extent of Fourth Amendment protections must be decided. New tools are available to assist both law enforcement and criminals. Furthermore, this has contributed to complications in court rulings, which seem to be aimless during the digital age. The first modern Fourth Amendment Supreme Court case was Katz v. United States. The Supreme Court ruled that Fourth Amendment protections applied to all locations where there was a reasonable expectation of privacy. In this particular instance, it prevented the warrantless wiretapping of telephone calls in telephone booths. However, this ruling sparked a fierce debate concerning the definition of a reasonable expectation of privacy, and what actions trigger

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