Search And Seizure: A Case Study

5 Ways You Give The Government Control” written by Kenneth Coats shows how the devices we use daily slowly take over individuals lives. Coats states, “Today, most people in the United States carry a mobile phone that accompanies them wherever they go. We use them for everything...This essentially makes them the perfect tracking and bugging devices”. Although electronic devices are known to be safe, they allow outside people to figure out individuals personal life. Due to the need for devices such as cell phones, each individual has a high chance of being socially stalked once in their lifetime. Coats then states, “Not only do intelligence agencies gather information via mobile companies, but… your phone can be hacked using spyware. Even if your phone is turned off, it can be remotely accessed to recorded conversations and take photographs”. This issue causes a panic due to the wide spread of inappropriate pictures and private conversations in one's life. Even though technology is viewed as a privileged, it is also taking away people's lives without their

What if police could barge into any house whenever they feel like it? In a world like this, citizens would have no privacy. People would have to be on alert 24/7 in case any unwelcomed visitors invited themselves inside without permission. The Background Essay: Search and Seizure: Did the Government Go Too Far? notes that the British government would inspect colonists’ houses for certain goods. In order to avoid such circumstances, the Fourth Amendment was added to the Constitution of the United States. The Fourth Amendment states that a search warrant and a reasonable cause is required before any government official is allowed to search another’s belongings. However, in some dire situations, a search warrant is not necessary. The Background Essay gives the examples, “…hot pursuit, public safety, danger of loss of evidence, and/or permission of the suspect,” for when police do not need to worry about taking the time to receive a search warrant. The Fourth Amendment is open to interpretation. As a result, there is a collection of various cases that need to be addressed that involve search and seizure. Such as the case of DLK. In this case, DLK’s house was searched by federal government officials with a thermal imager, which senses warmth, because he was suspected of growing marijuana. The question proposed is whether the use of such high-tech tools, like the thermal imager, count as a “search”. In a situation such as this, it is safe to say that the government went too

Technology has affected the field of justice studies in many ways. After the events of September 11th 2001, technology has had an even greater impact on the field of justice studies. Rapidly advancing technology has made surveillance cheaper and easier to conceal. Tools such as wiretapping, surveillance for e-mails, and other forms of surveillance tools that were before a violation of peoples' right to privacy, are now allowed to be used without probable cause. These tools now allow the FBI to find terrorists before they commit their act of violence. These surveillance tools that are now allowed to be used by the FBI were passed under the USA Patriot Act. Given that the USA Patriot Act now allows the FBI to look through what many

The increasing power and functionality of technology has increasingly invaded privacy and complicated security. Technology has made it possible for the government to

With the seemingly exponential propagation of inexpensive digital communications technologies over recent years, the general public is becoming more aware of the issues surrounding information privacy and government surveillance in the digital age. Every Tom, Dick, and Harry with a smart-phone has to be wary of how they use their private information for fear of that information being collected and used in a way contrary to their wishes. "Leaky" smartphone apps that transmit private information across the internet can be unethically used by government agencies. The issue of privacy is a balancing act; the public usually wants increased privacy and the government usually wants increased access.

Federal supervision of electronics has been prevalent since the 60's, and has become increasingly intrusive with laws such as the ECPA and USA PATRIOT Acts. These laws authorized the legal surveillance of foreigners, and Americans abroad. However, with the Communications Assistance for Law Enforcement Act requiring communication companies to provide backdoors for government use, agencies such as the National Security Agency have abused their powers in secrecy. More recently, Edward J. Snowden released NSA files that revealed the agency to illicitly engage in unwarranted surveillance of Americans both abroad and at home. (Introduction to Domestic Surveillance: Current Controversies)

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 past several years have seen a proliferation of legislation directed at controlling criminal activities through the increased application of new laws. The effectiveness of these new laws, remains in question due not only to their relative infancy but also due to a uniform determinism of what constitutes effectiveness. The purpose of this paper will be to review the Fourth amendment particularly relating to NSA, FISA, Title III and the PATRIOT Act.

The Center for Constitutional Rights filed the federal class action lawsuit Floyd, et al. v. City of New York, et al. against the City of New York to challenge the New York Police Department’s practices of racial profiling and unconstitutional stop and frisks of New York City residents.

The constitution has been the back bone of the United States legal system since it was first written and signed by our founding fathers. This document has been the topic of many heat debates and has gone through many changes and interpretations throughout the years. The forth amendment of the constitution is one of the most debated amendments. This is the amendment that covers the area of search and seizure as well as privacy. The fourth amendment states, "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

The chapter discusses how the goals of law enforcement are to locate the evidence for the crime and arrest suspects for committing the crime. A search can be defined as an invasion of a person’s privacy for the purpose of collecting evidence for a criminal proceeding. A seizure can be defined as when a law enforcement officer interferes with a person’s possessory interests in some meaningful manor. I have located an article that depicts the topic of an illegal search and seizures in drug operations specifically the no knock rule. The no knock rule in the United States is a warrant issued by a judge that allows law enforcement officers to enter a property without notice, such as entering without knocking or ringing a doorbell. Both article and

Within the criminal justice system there are warrant, and warrantless searches. Each are entitled to be covered by the 4th amendment, to protect a citizens rights. With the patriot act, it has made it easier for warrantless searches to be done, and by only needing probable cause. Police officers can have the mere suspicion, which is efficient enough to negatively influence what the legal standard means. When issuing a warrant, there is room for error. When this happens, and an officer follows through with the warrant it is still possible to be admissible in court. According to Funk and Wagnall’s (2016) under the 4th amendment of the constitution a search warrant can be issued under the oath of a complainant that is showing probable cause for its issuance (pg. 1). This is where searches that have probable must list specifics on the warrant, on what the police officers are looking for.

Government surveillance in the past was not a big threat due to the limitations on technology; however, in the current day, it has become an immense power for the government. Taylor, author of a book on Electronic Surveillance supports, "A generation ago, when records were tucked away on paper in manila folders, there was some assurance that such information wouldn 't be spread everywhere. Now, however, our life stories are available at the push of a button" (Taylor 111). With more and more Americans logging into social media cites and using text-messaging devices, the more providers of metadata the government has. In her journal “The Virtuous Spy: Privacy as an Ethical Limit”, Anita L. Allen, an expert on privacy law, writes, “Contemporary technologies of data collection make secret, privacy invading surveillance easy and nearly irresistible. For every technology of confidential personal communication…there are one or more counter-technologies of eavesdropping” (Allen 1). Being in the middle of the Digital Age, we have to be much more careful of the kinds of information we put in our digital devices.

Search and seizure is a technique used in much civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person 's property and impound any related evidence to the offence. In other words, it is a pursuit by law enforcement officials for possessions or communications alleged to be evidence of the crime, and the act of taking possession of this assets. The law of search and seizures is very essential in helping fight the current pursuit of criminals. The evidence from the search and rescue process provides some form of proof for the prosecution of the alleged criminal.

Technology has become very effective for a thriving generation, but it also possesses a handful of flaws that counter the benefits. Technologies help people post and deliver a message in a matter of seconds in order to get a message spread quickly. It also gives individuals the power to be the person they want to be by only showing one side of themselves. But sometimes information that had intentions of remaining protected gets out. That information is now open for all human eyes to see. This information, quite frankly, becomes everybody’s information and can be bought and sold without the individual being aware of it at all. However, this is no accident. Americans in the post 9/11 era have grown accustomed to being monitored. Government entities such as the NSA and laws such as the Patriot Act have received power to do so in order to protect security of Americans. However, the founding fathers wrote the fourth amendment to protect against violations of individual’s privacy without reason. In a rapidly growing technological world, civil liberties are increasingly being violated by privacy wiretapping from government entities such as the NSA, Patriot Act and the reduction of the Fourth Amendment.