In my view of the three distinct rights under the Fourth Amendment, which are liberty, property and privacy, I consider privacy to be the most important, especially in today’s technological environment. At the time it was adapted, the Fourth Amendment prevented the government from entering homes, warehouses or places of business against the wishes of the owner in order to conduct searches, seizures, papers or effects without a search warrant (Donohue, L., 2016). An exception under English common law would occur when law enforcement or citizens were pursuing a known felon (Donohue, L., 2016). Under normal circumstances, a warrant would be required (Donohue, L., 2016). Today, it is easier than ever to follow the movements of people with easily …show more content…
The Federal Communications Commission (FCC) requires that cell phone companies in the U.S. make 95 percent of their phones traceable by technology to enable quick location of an individual in the case of an emergency (Burten, C., 2012). Although technology has provided tools to enhance our capabilities in things such as finding a missing person, solving murder cases based on technological assets etc.., this technology also leaves us vulnerable in many ways to slowly losing our privacy (Burten, C., 2012). To me privacy is very important. Outside entities are becoming more and more able to obtain information about us through 3rd parties. For some, this could result in higher life insurance premiums, or in some cases not being able to obtain life insurance. The list of examples are starting to be endless. I think that going forward, the Supreme Court is going to be inundated with cases around all three distinct rights under the Fourth Amendment, especially privacy. References: Donohue, L. K. (2016). The Original Fourth Amendment. University of Chicago Law Review, 83(3), 1181-1328. Retrieved from Academic Search
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
• Fourth Amendment jurisprudence is primarily concentrated in four areas: 1) defining “searches”; 2) the Warrant Requirement, in which warrantless searches are semantically precluded except in specific and tightly constricted situations; 3) the Probable Cause Requirement, whose exclusive provisions are closely associated with the Warrant Requirement’s proscription of police inquiries into same; and, 4) the exclusionary rule, which presumptively excludes any information or evidence gathered in violation of the preceding two (Rickless, 2005).
The Fourth Amendment sets limits on the government’s rights to search our homes and businesses and to seize documents and other personal effects. It requires that the government have probable cause for the search and seizure. That is, there must be good evidence to support the specific search. Two key problems arise from new
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).
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
The fourth amendment gives people the right to not get illegally search. In other words someone can’t just run up to you and search you they have to have a good reason too search you.. The fourth amendment however is not guaranteed against all searches and seizures, but only those that are deemed unreasonable under the law.
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 was made to protect "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."("Understanding search-and-seizure law", 2018).
There are obvious and assuring reasons that the fourth amendment protects American citizens’ rights. Apple, a well-known technology company, recently stated that they consider it their responsibility to provide their customers with the best privacy that they can provide. Apple is currently fighting a lawsuit that demands them to create and application to break the encryption that apple created for privacy and protection. Apple also claims that a small fraction of request they receive seek personal information related to some of Apple’s default apps, such as itunes, iCloud, etc. Apple logs all request that the government asks for pertaining to identifying information such as photos and email. Also, President Obama said while remarking to the
As concluded, Fourth amendment provides the protection to U.S. citizens from unauthorized searches and seizures by law enforcement officers. Simply the law enforcement officer do not have any authority to perform searching on persons personal things or places, otherwise it would violate fourth amendment. In some special scenarios an officer may perform searches at any place, at times time is very short to get search warrant from judge or at emergency situations. Later he has to explain the correct or probable reason that makes him to perform search.
1. The Fourth Amendment of the U.S Constitution says, “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.”
If none of these previsions have been taken into account I would have to say that I strongly disagree with the fourth amendment in this current date because we would applying a law that was created so long ago without any concern to how it should be updated.
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.
When the colonists established the bill of rights in the 18th century, the fourth amendment seemed unambiguous. The government needed to respect the right for people to be “secure in their persons, house, papers and effects, against unreasonable searches and seizures and not be violated, and no warrants shall issue, but upon probable cause.” The difference between today and eighteenth century is that many more situations have come up that weren’t around during the eighteenth century. New technologies, new threats and new circumstances have risen that may diminish the restriction on the fourth amendment. In order to protect society from new threats and circumstances in America, the Supreme Court expands their understanding of the fourth amendment to apply it to the new world.
For me The Fourth Amendment is important simply because I don’t want to get harassed by law enforcement but also as an American citizen I want to feel protected. Overall the Fourth Amendment and the rest of the Bill of Rights' significance are important, that many citizens today do not realize how much it protects us.