The Fourth Amendment

There are circumstances where people find warrants unconstitutional, but the fourth amendment is ethical through its probable cause, guaranteed privacy, and search warrants. Privacy to citizens makes them feel comfortable and protected. Without the fourth amendment privacy would be unavailable, the citizens of america wouldn’t feel very

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.

The Fourth Amendment has two basic premises. One focuses on the reasonableness of a search and seizure, and the other on warrants. One view is that the two are distinct, while another view is that the second helps explain the first. However, which interpretation is correct is unclear. In addition, law enforcement today differs sharply from the period in which the Constitution 's framers lived. During that period, no organized police forces existed that were even remotely like those of today. In contrast, today 's law enforcement officials seem to have broad authority to search and seize. These powers are not generally subject to either statutory or regulatory control, and common law limitations are generally ill defined and

The Supreme Court consolidated two cases where the police gained entry into the defendants’ home without a search warrant and seized evidence found in the house. The rule of law as read out under the Fourth and Fourteenth Amendment posits that the United States Constitution has prohibited warrantless entry and search of a premise, absent the exigent circumstances, regardless the existence of a probable cause. The courts in Payton held that the Fourth Amendment made it a violation to enter a premise during an arrest absent an arrest warrant and exigent circumstances; a person’s house is a critical point to which the constitutional safeguards should be respected.

The 4th Amendment of the United States Constitution states that the police cannot make arrest, search citizens and their property without a warrant, take away objects or participate in surveillance unless given authorization from a judge or if the issue needs a search or seizure without the court's approval (The

1. Identify and describe the three possible alternatives for applying the Fourth Amendment to “stop and frisk” situations. Also, identify which alternative the U.S. Supreme Court adopted and explain why.

Lastly, Section 218 has been perceived as expansion of the Fourth Amendment for the scope of what the amendment allows is very narrow. First, the Fourth Amendment was already extended, when the Foreign Intelligence Surveillance Act was put into place. This Act allowed more to fall under the requirements for probable cause when it came to wiretapping, then once the Patriot Act was put into place it allowed wiretapping to go beyond gathering information for foreign intelligence. In layman terms, the government can conduct physical searches and wiretapping with simply stating that it is to gather information for foreign intelligence.

Unreasonable, warrantless searches and seizures should not take place because it violates the Fourth Amendment of the U.S Constitution by depriving the right to privacy. A search is when an individual's privacy is violated; the privacy of an individual is violated by a Government employee or agent. When a search occurs, a warrant must be present or the privacy of the individual is deprived; one’s privacy is also deprived when a warrantless seizure occurs. The seizure of property is when the government takes possession of an individual's property. Warrantless seizures of property are mostly prohibited, unless there are justifiable expectations. The Wall Street Journal stated, "you can’t have a hundred percent security and then have a hundred

The fourth amendment prohibits any search and seizures on a person without a warrant to give the right to privacy. No probable cause is needed for a search and frisk. In Hiibel v. 6th Judicial Circuit the defendant was arrested because he refused to give up his identity. The court found that it was necessary for the person to give up their identity because it can inform the police if that person has a mental illness, is wanted for something else, or can clear their name. In Illinois v. Wardlow the defendant ran away when he thought the police were trying to catch him for narcotics in a high crime area. The court believed that the officers had reasonable suspicion for the unprovoked flight. This case is similar because both the defendant ran

Protecting American citizens from unreasonable searches and seizures is the central idea of the Fourth Amendment; however, the Fourth Amendment may also apply to electronics. Classified organizations, such as, the NSA secretly collect information that includes, details of phone calls, e-mails, and personal Internet activity, although, in 2013 the NSA’s secret was revealed to the public, since it was not publicly known that the NSA had been collecting bulk phone data. The NSA later tried to defend itself and state that it doesn’t mean that they collect all personal records, such as, medical records and library records. In order for the NSA to legally store phone data the agency must first receive a warrant from the FISA Court each time it wants

Did you know Evidence that is obtained by violating the Fourth Amendment is usually not admissible in court? It’s actually interesting how this works. The amendment i chose is the 4th one because i like my persons and properties protected. This right was put in the bill of rights because there were to many unreasonable searches and seizures. To me i feel this right is used today to keep the searches and seizures under control. I think the 4th amendment may be under attack by the officers who do illegal searches and violate the amendments.

The government’s interpretation of the Fourth Amendment has been used to amass a collection of phone records, gain access to other records, and carry out search and seizure without a warrant; however, the government has used this approach to find threats to America.

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

The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. These pamphlets however ridiculed the king and his ministers. After finding this out the king issued warrants to have the pamphleteer’s homes ransacked and stripped of all their books and papers. Even back then the pamphleteers knew that their rights

The Fourth Amendment of the United States Constitution applies to a person and their home by providing protection against unreasonable seizures and searches. While it provides protection, not every search and seizure can be deemed unreasonable unless it is classified as per the law, by determining whether there was: a) the level of intrusion of the individuals Fourth Amendment, and b) whether or not it pertains to the government’s interest, such as safety of the public.