Three Distinct Rights Under The Fourth Amendment

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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
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