The constitutional issue I am analyzing is the violation of the fourth amendment. There have been many cases of people’s fourth amendment rights being violated, some times it is justified and other times it was violated unreasonably. It is very important that our fourth amendment rights are protected and US citizens private lives aren't being infringed upon and unreasonably searched. In the past recent years there have been Supreme court cases that involve the violation of the fourth amendment. One of the cases is the City of Ontario v. Quon in California that went from 2009 to 2010. The cases involves police officers who were given text-messaging pagers and one of the officers messages were read without their permission. The police department did not have an official text messaging privacy policy but they did have a general policy stating “employees shouldn't expect privacy when using internet, e-mail and internet use and can be monitored with or without notice.” The police department verbally told them the texting pagers were considered e-mail and were subject to general policy. In the supreme court they decided that the reading of the texts was justified because it was reasonable. They basically said that if …show more content…
If the text-pager was for personal use it would not have been ok and would have been violating the fourth amendment. Because the pagers were meant for workplace use and also they were told verbally that the pagers apply to general policy and were subject to search justifies the court's decision. I understand why Quon felt his fourth amendment right was violated, I probably would have as well because having someone read your messages almost always feels like a violation. But also, if Quon was told that the pagers were subject to general policy and were meant for work and could be searched i would think that he just wouldn't use them for anything personal so if they were searched he wouldn't
Claiming the thermal evidence was a violation of the fourth amendment right, your right to privacy within your home and to legal searches. After this case was sent to the Supreme Court, which I agree is where this case belonged, they found that the lower courts judgments were wrong in admitting this evidence. And after reading the facts of the case fully and Justice Scalia’s court opinion, I would have to agree that this case requires further inquiry into the original intent of the fourth amendment. I think that we as citizens do have a right to privacy within are home, however I think that if someone is doing something illegal within their home then there should be proper measurements that are taken to stop them. The reason I think the court should have ruled in the way they did is because this is a case where is begs the question how far can someone go using technology to obtain information that normally would have caused the officer to break the law to
The writ questioned “Whether or under what circumstances the Fourth Amendment permits police officers to conduct a warrantless search of the digital contents of an individual’s cell phone seized from the person at the time of arrest”, SCOTUSblog.com; and it was granted on January 17, 2014 in part because Federal and State Courts had openly divided opinions over this issue. Riley v. California was argued on April 29, 2014 and a decision was made on June 25, 2014. The Supreme Court, under Chief Justice John G. Roberts, Jr. declared by a unanimous decision that a warrantless cell phone search violates the Fourth Amendment right to privacy. The court stated that the warrantless search exception (SITA) does not apply to this case because digital data store in an electronic device cannot be used as a weapon to harm officers. Although, the court recognizes that possible evidence stored on a cell phone may be wiped remotely, it also acknowledges that it could be avoided by disconnecting the cell phone from the network and placing it in a Faraday bag.
Peter Crumans 4th amendments were not violated when he was compelled to show his Facebook page. School officials were trying to protect the wellbeing of their students, therefore trying to get to the bottom of what this tip was about and needed to search the suspected student who after a little persistence began to cooperate. Principal Lyons received an anonymous tip that Peter Curman had posted that he would be conducting a few sales of illegal drugs on school property giving him reasonable suspicion to search the student. In the case of New Jersey vs. T.L.O school officials were able to search a student due to reasonable suspicion for violations on school property, therefore giving principal Lyons justification because he not only received
Significance: The Supreme Court here expresses that governmental conduct like drug dog sniffing that can reveal whether a substance is contraband, yet no other private fact, does not compromise any privacy interest, and therefore is not a search subject to the Fourth Amendment. Terry v. Ohio permits only brief investigative stops and extremely limited searches based on reasonable suspicion including seizures of property independent of the seizure of the
Supreme Court also ruled that any state officials that obtain evidence by the process of illegal seizure or searches may not admit the evidence into criminal trials. The Fourth Amendment protects the rights of citizens from unreasonable seizures and searches (Pearson Education). This decision by the U.S. Supreme Court enforces the exclusionary rule of search and seizures to the all levels of the government and limits the powers that police officers have over citizens by protecting their Fourth Amendment rights (Oyez Project). This case and the decision of the U.S. Supreme Court has redefined the rights of citizens accused of crimes. The decision is controversial because it makes it difficult to determine when or how the exclusionary rule is applied.
The California Court of Appeal later affirmed the convictions and denied the suppression of evidence on the basis of California Supreme Court’s decision in People v. Diaz. 3. Issue: The Fourth Amendment prohibits unreasonable search and seizure. Riley involves whether police officers can search a suspect’s cell phone without a warrant during an arrest. In Riley v. California, the lower court ruled that a police officer not only can seize and secure a suspect’s cell phone during an arrest, but they can also search the contents of that phone without a warrant or probable cause.
The court after this decision accepted willingly this rule as protection of fourth amendment for privacy. • Introduction Many people in the country are arrested, but many of these arrested of which the major part is never convicted for any
Because technology is continually growing, new laws are being passed regarding technology and confidentiality. This article questions the “invasive” internet searches and looks for a constitutional answer. As of now, no electronic device can be confiscated and searched without a warrant. This could prove to be beneficial for Arnie. If he was to report Mr. Bowen’s suspicious data to the police, they would be able to obtain a warrant to officially search Mr. Bowen’s computer.
Billy is on the phone with Bob while they are talking on the phone and someone coughs and it is neither of them. Well, the government are the only ones who can hack phones and listen to phone calls, the 4th amendment has allowed this to happen. The 4th amendment has gavin the right to law enforcement to be cruel and unfair about a search and seizure. Without a warrant you cannot search a person, well not anymore, the government can search anyone at any time in some scenarios. Normally, there is an abundant amount of evidence used to be given the permission to search one’s belongings, but since 9/11 law enforcement needs little evidence to be provided a search warrant.
These actions did not go by what was established by an earlier, similar case, and by performing the scan with no warrant, the government did not allow DLK to conduct private activities in his own home. Although some argue that the government’s actions were acceptable because they only scanned what was visible to the public, they still used a device not readily available to the public to see inside DLK’s home. The government’s actions were unacceptable, and a warrant should have been obtained prior to performing the search in order to make it
Before the 20th century, there were few, if any, cases based on the Fourth Amendment. However, as surveillance by law enforcers became more common, these tactics, and others, were scrutinized in court cases throughout the 20th and 21st century. Within the past 50 years there have been more and more cases held to determine whether or not a citizen’s right were being violated or if authorities were within the law. Like a story with multiple timelines, the outcome of a case disputing the fourth amendment is not always clear or predictable. PII Like many of the other amendments, already established traditions of British law supported the concept of the IV Amendment.
The Verdict discussed how both cases were attempting to suppress evidence from their cell phones which now contain much more information than they once did. Cases like this continue to shape our rights. The fourth amendment is here to protect ourselves from being incriminated. In modern day the fourth amendment is in question due to new technology.
The main way that it is being disregarded is through the government’s surveillance of calls, text messages, internet browsing, and even phones when they are not being used. One of the most prominent examples of this occurring today is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (more commonly known as the USA PATRIOT Act, or simply the patriot act). According to constitutional attorney John W. Whitehead, it “allows officials to sidestep the Fourth Amendment by validating the wholesale disregard of the historic constitutional protections of notice, probable cause, and proportionality,” (Whitehead 1101). Another example of how the right to privacy guaranteed by the Fourth Amendment is being violated can be found in the actions of the Transportation Security Administration, such as searching everyone’s luggage and patting people down before flying. Does this government agency have a warrant to search everyone’s luggage and pat people down?
The fourth amendment can be beneficial but, it can also to some U.S. citizens be invasion of privacy. 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,” some U.S. citizens believe that Law Enforcement, the Government and the NSA are violating the required guidelines of the Fourth Amendment. The NSA is conducted a mass U.S. surveillance not to believe specific individuals may be engaging in terrorist activity, but instead to believe all of us may be engaging in such activity. The government mass surveillance proves that U.S. citizens are considered suspects at all times. With the Patriot Act the NSA has access to
The Patriot Act directly violates the fourth amendment because of it searches through American people’s private devices. The United States v. Antoine Jones had concurring opinions, disputes between other judges, and other complicated interpretations of the constitution. If this is how the justices are seeing the case with Jones shouldn’t they look at the government. Through the Patriot Act the government is doing this everyday, and there is nothing being done