The debate between national security and privacy right is a debate that the country has been struggling with since 9/11. Privacy vs security is the trend of our generation. This topic always come to mind when we think of technology and its effect. And now in the wake of the San Bernardino terrorist attack, many may say giving up privacy is the price of security. Should we give up our Fourth Amendment Right for the sake of security? Apple and the FBI were in a court tussle about an iPhone 5c used by one of the shooters who died after killing 14 people last December in San Bernardino, California. Apple set a stage for legal showdown that could help define a constitutional right to privacy for Americans in the digital age. Apple is doing the right thing by saying NO and trying to guarantee that nobody can violate their customer’s privacy. It isn’t just about the San Bernardino killer’s secrets, it’s about everyone’s privacy. These iPhones contain important data and should be secured with all means. Apple also need to protect their worldwide brand by resisting the FBI’s request.…
The statement, “The Fourth Amendment protects people, not places,” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses, papers, and defends them against unreasonable searches and seizures. However, to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant, give the government strict to stipulations as to how they are able to rightfully obtain information that is presumed to be private. Although Searches, Seizures and Warrants seem to have simple guidelines, they are each intricate categories.…
The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. These pamphlets however ridiculed the king and his ministers. After finding this out the king issued warrants to have the pamphleteer’s homes ransacked and stripped of all their books and papers. Even back then the pamphleteers knew that their rights were violated and fought back. They stated that the searches were against them, similar to a “personal attack” rather than an attack on their information they held within their homes.…
The feeling of security and privacy is a feeling that is supposed to come with being a United States citizen. Not all people feel secure and safe in the United States, but something that helps people feel more secure is the fourth amendment, which prohibits search and seizure of a person or property without a warrant. The amendment preserves the privacy of the people because it makes sure that no one can just search you or your house, unless of course, there is a good reason. The fourth amendment also protects peoples’ personal property because, there must be a warrant before investigators can touch a person's property, but even with a warrant Law enforcement can only search for what they said they came there to search for. Additionally, the…
Without the Fourth Amendment of the Constitution, America would be a very different place. The framers of the United States Constitution anticipated the necessity of an amendment that would protect citizens from a government that would potentially overstep its boundaries. The Fourth Amendment was included in the Bill of Rights as one of the guarantees afforded to all citizens protecting rights to privacy and illegal search and seizure. In today’s society with the new technologies for surveillance, the government is able to closely watch its citizens. It is questionable to some whether this is a violation of the fourth amendment. It is necessary to have an amendment in place that will protect citizens from a government that tends to overstep…
“The NSA is not listening to Americans' phone calls or monitoring their emails” (Does the Government). As the government states they are permitted to collect any Americans communications The Fourth Amendment protects your privacy, for instance the police cannot search personal properties. Due to the definition of "the right of the people to be secure in their persons, houses, papers,” it makes people feel secure (Legal Information). In addition, it prevents all irrelevant searches that are not useful. On the other hand the Fourth Amendment makes it challenging for law enforcement to gather information. The Fourth Amendment is beneficial to citizens: it protects privacy, makes people feel secure, and deters searches, although it makes amassing evidence more arduous for the law-enforcement community.…
The Constitution of the United States provides for a system of checks and balance among the legislative, judicial and executive branches of the government. There are 33 amendments to the United States Constitution that Congress proposed as ratification since the Constitution was in effect since 1789. The fourth amendment to the United States Constitution declares that people must be secure in their homes and their persons against unreasonable searches and seizures. Additionally, the fourth amendment is part of the Bill of Rights was adopted by Congress and became effective in 1791. The relationship the fourth amendment has to constitutional rights is having probable cause and any evidence obtained without a warrant, cannot be used in the justice system. The Fourth amendment was evident during a landmark case of Weeks vs. the United States in 1914.…
Police practices with search and seizures are almost still the same as they were twenty years ago, except now things have made it a little harder for them. All procedures must be followed in order to prosecute someone in the court of law. If for at any reason they do not follow procedures and rules set forth by the constitution the case will more than likely be appealed or dismissed. There is a great deal of regulation on search and seizure laws now.…
After the Fourth amendment was ratified on December 15, 1791, the amendment remained inactive, until the 1900’s, when several key cases were presented to the United States Supreme Court. They include, Weeks v. United States (1914), Wolf v. Colorado (1949) and Mapp v. Ohio (1961), these cases were important in the influence of the Fourth Amendment. Along the same lines as cases, there were several notable people who designed the Fourth amendment, to protect our rights. The biggest and most notable figure was James Madison, who is considered the “Father of the Constitution.” The Fourth amendment is one of ten amendments that are considered our Bill of Rights.…
Judges in Favor of the Court: Harry A. Blackmun, Sandra Day O’Connor, Lewis F. Powell, Jr., William H. Rehnquist and John Paul Stevens…
The Fourth Amendment in its drafted form, 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.”…
In my opinion, I believe that the 4th amendment is both good and bad depending on the circumstances. Sometimes there are people who blatantly have drugs that the cops can't frisk off until they have the warrant. By the time the police get the warrant, said suspect could have already gotten rid of the drugs. However, this also works the other way. Sometimes, the police search other people that they have false evidence on. Then this innocent person gets searched and it makes the searched person look bad in the future.…
THE HISTORY AND SIGNIFICANCE OF THE FOURTH AMENDMENT "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." -Fourth Amendment to the United States Constitution (4)…
Final Research Paper Our forefathers with great fortitude put together a document that would be forever known as the constitution. This document addressed the rights of the citizens of the newly formed states. One amendment has been a focal point of discussion in recent weeks with the leakage of NSA protocol. The fourth amendment 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…
Terrorism and Cyber Crime By: Heather Styles University of Phoenix The impact cyber crimes and terrorism are having on interrupting the fourth amendment is that the government is able to search and seize without a warrant at any time. They fall back on the part of the fourth amendment that states they most have probable cause and reason to search. The government states that it feels the security of the country is in jeopardy which gives them right to an unwarranted search and seizure of those in question of terrorism or cyber crimes. The government also has the right to arrest an individual when provided with information via…