The Importance Of Personal Privacy

The Fourth Amendment to the constitution protects United States citizens from unreasonable searches and seizures. Our forefathers recognized the harm and abuses that occurred in the colonies to innocent people by the British, and they made sure to write protections into the U.S. Constitution. Fearing the police state that any nation has the potential to become and recognizing that freedom and liberty is meaningless when victimization by the police is a real and foreboding threat the Fourth Amendment was created. The Fourth Amendment has gone through many challenges and controversies in the past, and currently the issue of how the Fourth Amendment applies to students in public schools has come to be contended in the courts. While it is

The Fourth Amendment to the United States Constitution 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 searched, and the persons or things to be seized”. It consists of two clauses, the reasonableness clause which focuses on the reasonableness of a search and seizure and the warrant clause which limits the scope of a search. There are many views on how the Fourth Amendment should be interpreted, especially by today’s standards. The world has evolved significantly since the implementation of the Bill of Rights. As it evolved, time brought about numerous cases on the applicability of the Fourth Amendment. When plaintiffs are not satisfied with the decision of lower courts, they can

We all know our rights. Most of us do paid attend, to them in school. Do you know what is the Fourth Amendment is? If, you have forgotten, it is our right to privacy. Or from the Bill of Right “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 (Fourth Amendment).” This can be from our homes, people, schools, and our cars. Why is this important to us? What is searches and seizures? What is privacy? What should we know about this amendment? Do we have an expectation

While interpreting Should We Ditch the Idea of Privacy? by Don Tapscott, I had found that this article was my favorite. When it comes to choosing is one should stay private or keep their information public, I feel like that is up to that individual one hundred percent. In Should We Ditch the Idea of Privacy? Tapscott went over how many people should be more open and post more information on the internet to allow others to get a sense of what is going on. He believed Facebook is a “leading social-media site that promotes information sharing” making everyone’s life an open book for everyone to read and learn from. Additionally, to help is one is struggling with any mental health issues. Tapscott believes that by sharing personal information can

The United States Constitution affords all people certain rights. The Fifth Amendment states that we have the right against self incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions were to be rewritten and that is not likely to happen. In this paper we will be examining the Fourth Amendment, learning the requirements for obtaining a search warrant, defining probable cause, describing when search and seizure does not require a warrant. We will also explain the rationale for allowing warrantless searches, examine the persuasiveness of these reasons, and determine if probable cause is always

2. The Supreme Court established that a warrant isn’t necessary in school due to the fact that students aren’t under the protection of police officers but instead by the school. The court decided that a search is reasonable if a) “specific facts, together with rational inference from those facts, justified the intrusion, and b) the search was reasonably related in scope to the circumstances justifying it. Also, there can be random drug testing for students in school involved in extracurricular activities, and

When is a search and seizure reasonable? John Vile clearly explains the origination of the Fourth Amendment and why it was created at the time of the creation of the Constitution, ¨Like the amendment that precedes it, the Fourth Amendment was largely motivated by abuses of the British when they ruled America. They had used general warrants, or so-called writs of assistance, in tracking down customs violations in the colonies. A number of states subsequently adopted provisions against such warrants, and ratifying conventions in Maryland, Virginia, and North Carolina all proposed amendments dealing with the subject¨(Vile). At first, the forefathers of our country created the Fourth Amendment so that the British could not infringe on the colonists privacy. The thought of privacy within schools was not even something that was of concern at the time of the creation of the Constitution. As time has gone on, our country has made advancements that our founding fathers could never have foreseen, and has left our current government to interpret the Fourth Amendment themselves. The Fourth Amendment is detrimental when it comes to someone’s privacy, especially in a school environment. It is valuable to students and teachers alike, without it teachers and staff members would be able to search a student’s belongings without a reason or warrant. The Fourth Amendment is definitely viable in the school environment because it places regulations on what the staff in the schools can do without

The American Revolution was a struggle in which colonists objected to the cruel and harsh treatment of Great Britain. Following the revolution, American patriots dedicated themselves to creating an America that is founded on the principals of equality and justice for all people. Their intention was to create a system that would correct the many wrongs of the British. The United States constitution implemented the 4th amendment that would prevent the unlawful searching of American citizens. The constitution however, is a living, and breathing document that can have a different meaning for a different time period. The mid 1980s cases of the Veronia School District v. James Acton and

In recent times there has been a growing number of concerns regarding the way police officers perform arrests. Along with these arrests are searches conducted by officers which can sometimes be unconstitutional. The Fourth Amendment of the US Constitution protects its citizens by giving “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” (U.S. Const., amend. IV). This amendment aims to prevent officers from conducting random searches of a citizens’ property and aims to give them a reasonable expectation of privacy.

It cannot be disputed that schools often have to place the privacy of one student, below the overall need to secure the safety of a student body as a whole. If students know that their belongings can be searched, it will discourage them from committing illegal activities at school.

The Bill of Rights to the United States Constitution, in large part, aimed to protect the privacy of individuals. One in particular, the Fourth Amendment safeguards people from the government conducting unreasonable searches and seizures to include of their person, dwelling, and property. “Probable cause” must be articulated and agreed to by a magistrate for a search warrant to be issued and executed.

The Fourth Amendment defends people from being neglected by an authoritative and controlling government. Conflicting to popular belief, the right to privacy is not specifically mentioned in the U.S. Constitution. Over the years, the courts have translated the Fourth Amendment, along with other Amendments such as the ninth, to protect privacy in many situations. In question, is there a limitation for those rights to be exercised at school? Is a student protected from unreasonable searches and seizures at school? New Jersey v. T.L.O., (1985), a case where a 14-year old girl female student caught smoking in the bathroom at school was searched at school, and the evidence collected was used by the state in her delinquency trial in juvenile court.

No case has been brought to the Supreme Court level regarding metal detectors used to search students. In the case, People v. Pruitt , the Illinois appellate court held that searching students entering a school with a metal detector required no individual suspicion. The use of metal detectors should be communicated to all students and parents before implementation.

The topic of this paper is privacy. It will talk about the ethical and legal reasons for maintain privacy. The audience for this paper is high school level teachers in a school with one-to-one devices for every student.

When conducting possible searches and seizers, the Fourth Amendment is made to protect unreasonable conduct. Due to