Constitutional Law II
Dr. Jeffery Swain
Florida Memorial University
Drones In America And How They Infringe On The Fourth Amendment and Due Process Of The Law
The purpose of this research paper is to show how unmanned aerial vehicles, better known as UAV’s or drones infringe on the Fourth Amendment and Due Process of the law. The Fourth Amendment states; ” the right of the people to be secure in their persons, houses, papers and effects against unreasonable search and seizures shall not be violated and no warrants shall issue but upon probable cause. Drones are highly advanced in surveillance and can monitor 65 enemies of the state simultaneously. So how can citizens feel they have the implicit right to privacy if their every move is monitored? Furthermore, if your every move is monitored how can one purse promises of being in America life, liberty, and the pursuit of happiness. Hence, with the information reviewed the researcher has come to conclude drones are unreasonable search and seizure while the Federal Aviation Administration (FAA) currently has strict “limitations” the researcher reluctantly reports that, within the articles examined in this research document that transiently the community will have an overwhelming interest to be more receptive of drones used domestically. Introduction
Since 9/11 Homeland security has infringed on the rights of Americans. First, it was TSA at the airport doing full body searches, and then it was a camera monitoring traffic at every street light. Now, it is unmanned aerial vehicles otherwise known as drones. Although, the president’s use of drones to their maximum capability is only used to execute the war on terror and those he assumes are associated with it has so far only occurred outside the United States. Soon drones will slice through the domestic skies and soon they drones will be used to their maximum capability. According to the Electronic Frontier Foundation (2012), in 2012, 81 organizations ; including military branches, law enforcement agencies, colleges and universities applied for drone licensure from the Federal Aviation Administration (FAA) 72 out of 81 have been given a Certificate of Authorization (COA) by the FAA for use of drones domestically. Thanks to anticipated changes in federal aviation regulations, thousands of private and commercial drones could also take to the air by 2015(Richman, 2012). According to FAA estimates, more than 30,000 drones could fill the American skies by 2020 (Richman, 2012). While the FAA currently limits their use, for instance drones are not to be flown within city limits or over any high-rise buildings, populated beaches, outdoor assemblies of people, and heavily trafficked roadways. Nevertheless, although drones are currently restricted in use drones are also capable of highly advanced and almost constant surveillance.
According to the Electronic Frontier Foundation (2012) drones can amass large amounts of data, and they carry various types of equipment including live-feed videos cameras, infrared cameras, heat sensors and radar. Some newer drones carry super high resolution Gigi- pixel cameras that can track people and vehicles from altitudes above 20,000 feet. Drones can monitor up to 65 enemies of the State simultaneously and can see targets from almost 25 miles down range. Predator drones can eavesdrop on electronic transmissions, and one drone unveiled at DEFCON last year can crack Wi-Fi networks and intercept text messages and cell phone conversations without the knowledge or help of either the communications provider or the customer (Lynch, 2012). Drones are also designed to carry weapons, and some have suggested that drones carrying weapons such as, tasers and bean bag guns could be used domestically. Drones used domestically! What about Americans right to privacy, the Fourth Amendment and Due Process of the law? Due process is the oldest and most essential...