U.s. Supreme Court And The Fourth Amendment

"Our Constitution, signed September 17, 1787, recently had its 230th birthday. Despite the changing world, our Constitution had stood the test of time. Has it been tested? Absolutely. But our government to this day is subject to this great masterpiece of a document. But with the world changing so rapidly, in ways our Founding Fathers may have never foreseen, will this great document continue to reign supreme? How does it address modern innovations like cell-phones, cars, and the internet? That, to me, is the most special thing about our Constitution. Written over 200 years ago, it continues to address the everyday questions of our modern government. The principles which were laid out by our Founders not only managed to address age-old issues such as slavery, but now are able to address this question of monitoring the internet.

The Fourth Amendment generally requires a warrant for the search and seizure of personal property, but no warrant is necessary when the owner voluntarily consents to the search or seizure. However, an owner may revoke his or her permission prior to the completion of the search, and the court admits the evidence found prior to the owner revoking consent. The United States Court of Appeals for the Eleventh Circuit has repeatedly held that the government may search a photocopy of a document after the owner revokes consent. The Eleventh Circuit has not addressed the issue of whether searching a mirror image copy of a computer hard drive may occur after the owner revokes consent. In United States v. Sharp, the Northern District Court of Georgia determined that although the searching methods for paper documents and computers differ, a government official may search a mirror image computer copy made during the scope of the owner’s consent.

These pursuits are regularly unsuccessful on getting the criminals, and instead this policy is going against the 4th Amendment. Regarding the Bill of Rights the 4th Amendment is what gives us the citizens the right to be safe and secure in our personal space and also it protects us against any unreasonable searches without any documentation or probable

The fourth amendment of the United States talks about the rights of people and how they can secure their personal items unless they need to be searches by the police. The only time the police or someone in the federal investigation business can search your house is if they have a search warrant and a good cause to search your house. The reason they would need a good reason is because they have to go to the court to get one, so if they say that they need a search warrant because someone stole a candy bar from the store they probably won't get it. But everything's the same with your phone. Unless it is on school grounds.

The legal definition pertaining to a search and what authorizes a search has modified overtime due to decisions made in various court cases. Professor Rose at Stetson Law gives an overview of searches and seizures; the professor elaborates on the steps used when determining the legality of the Fourth Amendment. The six steps of the broad Fourth Amendment template include: who does the Amendment apply to, has there been a search or seizure/seizure, is there probable cause, did law enforcement need to get a warrant, is the search conducted by law enforcement reasonable, and what happens if there is a violation of the Fourth Amendment (lecture 3 - https://www.youtube.com/watch?v=B3rXXu9_QxA). Additionally, the factors crucial for a search to

The Supreme Court is one of the highest court of laws, the constitution. It’s the most powerful from both sides of the branches of government. This court plays a very special role here in the United States, such as telling the president all of his actions not allowed by the congress. They’re by far the final judges by all

Article III:1 of the Constitution states that “the judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish.” The US Supreme Court currently has eight justices serving. The current justices are (Chief Justice) John G. Roberts Jr., Anthony M. Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer, Samuel Anthony Alito, Sonia Sotomayor, and Elena Kagan. For a justice to be chosen, the president nominates someone for a vacancy on the Court and the Senate votes to confirm the nomination. Due to the large affect that the supreme court has on our law, it is important to have this balance of power between the executive and legislative branches of government.

The Supreme Court is the highest court in the federal system, currently the Supreme Court has nine Justices who hold meetings in Washington, D.C. There are ninety-four district level trial courts and thirteen courts of appeals that sit below the Supreme Court. Most importantly Article III of the United States Constitution placed the actual judicial power to the Supreme Court. In the beginning, the Judiciary Act of 1789 made it possible for the Supreme Court to be developed, the act also appointed a Chief Justice and five other associate justices. Over the next eighty years or so, changes were constantly made to the Federal Court system; due to the Judiciary Act of 1801, the number of justices were reduced to five which also would include the Chief Justice. From 1802 up until 1863, four more justices were authorized but, in 1837 the number of justices were reduced from a total of ten to seven. Finally, in April of 1869 the size of the Supreme Court was raised one final

The Supreme Court of the United States is the highest federal court of the United States. Article III of the U.S. Constitution authorized the Supreme Court. The U.S. also has a system of separated powers with three branches of government: executive, legislative, and judicial. The Supreme Court is part of the judicial branch. Since the death of Supreme Court Justice Scalia, there has been a debate on who should appoint the next justice, the current president, President Obama or the next president. According to the Constitution if a position in the Supreme Court was to become vacant, the constitution states the president, “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the Supreme Court.” The confirmation of a Supreme Court Justice is a solemn responsibility that the President and the Senate share under the U.S. Constitution. Due to enumerated powers, President Obama should be able to nominate or appoint a supreme justice because it is his responsibility to do so.

The supreme court of the United States is the highest court of the federal system, mandated by the Constitution since 1869 composed of a chief justice and eight associate justices located in Washington, DC in hearing all final jurisdictions on cases. This court may review decisions from the United States courts of appeal and also choose to hear appeals from the state appellate courts if a federal constitutional issue is involved, possessing the original jurisdiction on limited cases involving high-ranking diplomats from other nations or between two states.

The Fourth Amendment is supposedly well enforced, and organization leaders and United States government taken precautions to keep Americans privacy safe. Even sources like The Washington Post reported on the chief security officer Joe Sullivan for social media site Facebook; Sullivan explained by speaking for Facebook that they “do not provide any government organization with direct access to Facebook servers” (2.1). This would be a well supported and exceptional statement if the writing did not. Although it continues on to say when Facebook is asked for data on specific individuals by a governmental organization, Joe Sullivan says that they carefully examine the request for a lawful way to oblige (2.1). One could question the morals of such

In 1789 the U.S. Supreme Court was established by the constitution of the united states. Understandably it has changed and has been reworked of the centuries, although the core concepts have stayed the same. Looking at the makeup of the U.S. Supreme Court it consists of nine justices, who are appointed by the president. The current U.S. Supreme Court justice include John Roberts Anthony Kennedy Clarence Thomas Ruth Bader Ginsburg Stephen Breyer Samuel Alito Sonia Sotomayor, and Elena Kagan. Many of these justice have been in office for decades others just a few years but all have a long list of past positions. The U.S. Supreme Court plays a very essential role in the constitutional system of our government. First, as the highest court in the

In the United States, the Supreme Court is considered “the highest court” (Ginsberg et.al. 2017: 375). It means that it is responsible for deciding if the government laws follow the Constitution. Even though the Supreme Court has a small composition, the Module 9: Lecture 2 stated that it has “9 members”. These nine members are nominated for the president. For example, the recent nomination was the new judge, Neil M. Gorsuch. Gorsuch, who was nominated for the President Donald Trump, is the new member of the court. Thus, these illustrious judges become part of Supreme Court. It is important to recognize that its power can be limited to the states law or constitutions; however, it offers to give acts of Congress with the purpose of interpreting them. That is how the Supreme Court does its job.

All counter-terrorism efforts potentially violate the 4th Amendment because First of all, I think that they violate the 4th amendment science It is proved that they kind of disrespect the privacy of others by making certain agreements with other people to get information from anywhere that people didn’t know that they were getting. Another reason that can prove that they violated the 4th Amendment is that before this program called PRISM came out the government would go and ask for permission to get any type of information but after this program came out It turned out that everything was a secret. Also basically everything about getting people’s information was a secret until one day a man called “Edward Snowden” came out with this point of privacy and he had to end up leaving the country and hiding because the government disagreed with his opinions for a reason. This letter will attempt to the 4th Amendment by proving how all counter-terrorism efforts potentially violated privacy.

The US Constitution is a living document. The founding fathers intended on keeping the Constitution updated and current for all future generations to live by. Within the US Constitution, Congress passed the Fourth Amendment in 1789 to protect people from unreasonable search and seizure by the government. In the 21st century, the use of computer and mobile devices has expanded at an exponential rate and has left many grey areas. The purpose of this paper is to explore the Fourth Amendment as it pertains to data encryption on mobile devices, and to discuss whether the government has the constitutional or legal right to compel a company to produce a method of defeating the encryption. This research found that currently there is no conclusion to this constitutionally sensitive topic of data encryption and the Fourth Amendment. The United States government does not have any safeguards in place for a backdoor to encryption; and therefore there is no due process to govern the use of such a tool or the handling of the retrieved information. Unfortunately, through this research many examples have come to light that shows that the United States government has recurrently impinged on citizens’ privacy during operations, even though it is obligated to protect said privacy. This inconsistency has created a level of animosity between the government and the citizens. This research recommends the creation and ratification of encryption laws that would lay out the boundaries and rules of