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Argumentative Essay On Fourth Amendment

973 Words4 Pages

Technology has seemed to overtake our lives with people looking for the newest and best model cell phone. The first cell phones were bricks that only had one purpose, to call someone. Today, we house everything on our cell phone from pictures to phone numbers to our itineraries. We have personal conversations with others via text message. People tend to guard these devices with their lives as they do not want others to see what is on them. For police, the information stored on a person's cellular device can be used as evidence to convict a person of a crime. The fourth amendment requires police to obtain a warrant to search unless they have probable cause or reason to believe the item poses a threat to the officer's safety. Is probable cause enough though to allow them to search a device that might contain more details about a person than can be found in their home? The information …show more content…

The interpretation of the fourth amendment is what allows police to get away with searching without a warrant. The source I will be using to introduce the fourth amendment is the Bill of Rights. The Bill of Rights contains the first ten amendments of the Constitution written by the founding father's of the United States. They wrote these amendments to protect the rights as Americans. The fourth amendment, as stated in the Bill of Rights is, “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”. I will also present the premise that if a cell phone a cell phone does not pose a threat to an officer and is handled properly, an officer does not have reason to search without a

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In the article produced by Damon Root, the Indiana Supreme Court stated this, “ Cellphones are double- edged swords, increasing convenience at the expense of privacy.” Although an electronic device may help a consumer in an everyday life,privacy is cut short considering that most of the storage in a device is not protected. As consumers put their information out on the internet, it is for everyone to see. One statement from the Supreme court said this, “What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection.” As a person releases information to the public, exposing themself to whoever is allowed to see, they are opening a window to their personal

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Roberts. The Court’s decision was a unanimous 9-0 in favor of David Riley (Oyez, “Riley v. California”). This means that there was no dissenting opinion because the all the judges voted the same. In the judges statement says that it is unnecessary to search the phone right away because it can just be held until a proper warrant is obtained. The judges also claimed that because of the “Cloud” most of the information that would be searched is not technically in physical possession of the person.(Oyez, “Riley v. California”).

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Search warrants typically deal with the right to privacy. The right to privacy is listed in the fourth amendment as a constitutional right. The fourth amendment mentions how citizens have protection against unlawful searches and seizures. Mr. Riley and his lawyer attempted to argue that the search

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A man named David Riley was arrested after a traffic stop in California. The police later searched Riley’s car and found several guns in the vehicle. The police then took his phone and with the information they found, were able to convict him of an unrelated shooting several weeks prior to the traffic stop. However, the police did not receive a warrant before looking through Riley’s phone. Some say that because the police were not granted a warrant they had violated the Fourth Amendment right that protects people from “unreasonable searches and seizures”.

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The Fourth Amendment states, “The right of people to be secure in their houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause,

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In the United States, there are many times in which police officers conduct illegal searched and seizures, in hopes of finding evidence that will get an accused a conviction. Under the Fourth Amendment, individuals have a right to be protected from such situations. In 1957, there was a case in which police received a tip from an informant in regard to a bombing and the suspect responsible for the recent bombings (Peak, K. & Everett, P., 2016). The police went to the woman's home and forced themselves in to obtain any evidence that they could find. Evidence was found at the home and the woman was later convicted.

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Cell phone can unveil information within our call history, text messages, pictures, and even internet searches. Access to our cell phones is like access to our lives. No matter how much time passes, the fourth amendment continues to

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In addition, the law enforcement only needs to be “supported by a probable cause” or an “arrest warrant,” to search a United States citizen. Although, the police officer could arrest a suspect to stop them from running away or to preserve evidence. Besides the Fourth Amendment is still beneficial for all United States

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The Fourth Amendment is “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.” In other words, it is against the law for police to search any person without probable cause and an issued warrant. (Cartoon Surveillance) This protects the privacy of the innocent people that may not be considered guilty. However, giving the people a right to a warrant is only giving them an advantage, while the police and the government have a disadvantage.

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