Fernandez v. California: Fourth Amendment Upheld? POL 303 August 4‚ 2013 The Merit case of Fernandez v. California is seeking to determine whether the Constitutional rights of Walter Fernandez were violated under the 4th Amendment when law enforcement conducted a search of his residence upon obtaining consent from his girlfriend‚ who was also a resident‚ after Fernandez was taken into custody (and had stated his objections to the search while at the scene). In Georgia v. Randolph (2006)
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criminals face justice‚ but it raises the question of how far are these officials able to go before they are unreasonably invading people’s privacy? That is generally what the 4th Amendment deals with‚ protection against unreasonable search and seizure. The current case of Jones vs. United States is a suit dealing with the 4th Amendment and has large implications‚ as it could set precedent for whether or not GPS tracking can be used without a warrant. A tracking device was put on his Jones car by police officers
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of valid warrantless arrests. The constitutional protection of the person against arbitrary arrests is guaranteed by the general rule that the police should first secure an arrest warrant. However‚ there can be cases of valid arrests without a warrant of arrest. To be valid‚ the minimal requirement is “probable cause.” There must be a reasonable ground of suspicion‚ supported by circumstances to believe that the person to be arrested is guilty. Legal Awareness: Valid Warrantless Arrest No
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The Fourth Amendment protects against illegal search and seizures. This means that a U.S. citizen cannot have themselves‚ homes and/or possessions searched or confiscated by law enforcement without a legal warrant. It pretty much protects citizen’s privacy. But there are positive and negative effects from this. It protects the citizen’s from law enforcement from searching on the spot without legal documentation authorizing it. On the other hand‚ thou‚ it could help criminals dispose of evidence while
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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
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technology testing the Fourth Amendment? With all the new technology‚ police are now using devices that could potentially “see through walls”. They are also using other search techniques such as wiretapping to conduct searches rather than a “physical search” and by doing so; they can “legally” avoid violating the Fourth Amendment. A lot of the Fourth Amendment has also been weakened significantly over the years from Federal Court Case and the new technology. The fourth Amendment is “The right of the
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privacy for a citizen occurs when a warrantless search or seizure takes place‚ it also denies security of the citizen. Warrantless searches and seizures are mostly not justified by the law. The safety of a citizen is affected from unfair and unwanted arrest. With a probable cause and a warrant in place‚ the search or seizure may take place and be appropriate; without a probable cause and warrant‚ the search or seizure is not reasonable. Unreasonable‚ warrantless searches and seizures should not take place
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The United States v. Jones and the Fourth Amendment By: Melinda Redwine September 17‚ 2014 Ethics in Information Technology Technology is a magnificent thing. A majority of people use some form of technology on a daily basis such as their telephones‚ computers‚ tablets‚ and even many devices on their cars. Many of these things are a necessity for a person to have daily‚ especially if they have to use these devices for work and/or school. Technology also helps people
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Act vs. the fourth amendment; The rights of the American people set in place in 1791 becoming dim and gray in the eyes of the government. The uproar that was created by the government on June 06‚ 2013 was enough to catch the ears of all Americans. The fourth amendment was being over ruled. No one knew how to stop‚ what this will lead too and who gave the government the power to do it. Or could it be something more sinister. A bylaw set in place to overrule the fourth amendment. Ways to get
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The fourth amendment protects citizens of the United States from unlawful searches and seizures conducted by police officers or law enforcement agencies. The Fourth Amendment of the Constitution affirms: “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
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