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Critical analysis of the 4th amendment
Critical analysis of the 4th amendment
Critical analysis of the 4th amendment
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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.
Our founding fathers created the Bill Of Rights which are the first ten amendments to the Constitution of the United States. One of the most important amendments is the Fourth Amendment. It 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”(p. 11). What are our founding fathers were trying to do is keep our country from a police state, a state in which law enforcement could enter our homes without probable cause. This protection provides the citizens of the
In making its Smith ruling, the Court considered whether the person invoking the protection of the Fourth Amendment could claim a “legitimate expectation of privacy” that has been invaded by government action, and stated that such an inquiry normally addresses two questions: (1) whether the individual has exhibited an actual (subjective) expectation of privacy; and (2) whether the individual 's expectation is one that society is prepared to recognize as “reasonable.”
The Fourth Amendment, which states that without warrants or probable cause, no searches can be executed, is essentially nullified by the Patriot Act. For example, sneak and peek searches in which law enforcement agencies can search residences and offices of Americans and not inform them of the search until after it
The Fourth Amendment is reliable for guarding public safety and protecting the United States from terrorists, but the amendment leads people to believe this is a violation of privacy. The citizens believe that having the government have access to roughly ninety percent of open and personal information is not right and should not be permitted. If the government is allowed to get information on any citizen, they should have a warrant, and if they do not it is an invasion of privacy (Cornell University Law School). Some people do think the Fourth Amendment is flawless, they believe every step and procedure is valid, and some people believe there are pros and cons. People that do not agree with anything about this Amendment have arguments such as,
The patriot act has in my opion violated the 4th amendment. It has its advantages as far as terrorizim but to normal citzens this is a complete violation of our privacy. bThe late Benjermin Franklin warned us about trading our liberty for sucureity. This act has taken away a lot of our liberties it gives the government way too much power to invade our privacy. They now have unprecedented power to monitor the phone calls, e-mails, without a warrant.
The First Amendment is the most important, because of freedom of religion and freedom of speech. Many people think that the fourth amendment is the most important. They think this, because it is important for a person to be able to tell policemen “No” if they ask you if they could search your car or your house. I believe that the fourth amendment is really important, but you wouldn’t be able to tell the policemen “No” if you didn’t have freedom of speech. George Washington said,”If the freedom of speech is taken away then dumb and silent we may be, like sheep to the slaughter” (“Famous Quotes Freedom of Speech”).Without freedom of speech and religion we are nothing.
Espionage and the Fourth Amendment are not compatible especially when people get accused for no legitimate reason. After the September 11 terrorist attack on the Twin Towers in New York. George W. Bush issued more policies to expand espionage agencies to ensure that future terrorist attacks can be prevented. Some people might argue that “preventing the loss of American lives requires some restriction of civil liberties” but other people say that “the war on terrorism is different from traditional wars and thus requires that government officials exercise special care to maintain civil liberties” (Espionage and Intelligence Gathering 114). Having civil liberties is one of the few rights that American citizens can have.
There are many constitutional implications of government spying programs, one of those being a complete violation of privacy here in the United States. Snowden himself exposed the NSA, as he noted that calls were recorded and various other electronic data were collected on many individuals and kept for future use. There is no denying that the use of spying programs violates an American’s 4th amendment and it often leads to people refraining from posting something controversial due to the fear of being watched. Ever since the WikiLeaks documents were publicized, many people feel paranoid, and rightly so. People used to be able to talk, post and do anything they wanted to with complete freedom.
The whole point of the Fourth Amendment is not to completely stop the police, because the amendment can be waived if an officer has a warrant, or a person’s consent. The Fourth Amendment states that generally a search or seizure is illegal unless there is a warrant, or special circumstances. Technically stating that a citizen is protected by the Fourth Amendment, until a government employee gets a warrant, and then they can invade a citizen’s privacy. Also people state that the FISA Court’s warrants are constitutional, but the NSA’s surveillance is unconstitutional. Even though people do not like the NSA’s surveillance, the NSA is legal because the FISA Court that the people did not mind makes it legal.
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.
Is war really a battle fought between two nations or more? The oxford definition of war is a state of armed conflict between different nations or states or different groups within a nation or state. In relation to war, racial profiling can be seen as an undeclared war. An undeclared war is a term used for disagreement fought without an official declaration. The undeclared war between male minorities and police forces is a constant issue that is being surpassed in our society.
“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.
The Patriot Act is an antiterrorism law that allocates powers to the U.S. Department of Justice, the National Security Agency, and other federal agencies. The law authorizes roving wiretaps, “sneak and peek” warrants, business record searches, and surveillance of individuals suspected of terrorist-related activities not linked to terrorist groups. This authorization is in direct violation of the Fourth Amendment to the U.S. Constitution, which says that “the people shall be secure in their persons, houses, papers and effects from unreasonable searches and seizures, and that that security can only be violated by a search warrant issued by a neutral judge and based upon probable cause of crime.” The role of definition in legislation starts with
The fourth amendment clearly 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” (“NSA Spying on Americans is Illegal” np). This means that people’s houses or personal belongings cannot be searched without a court order or probable cause, deeming spying by the government unconstitutional. Adding to this, there are three laws that explicitly state that it is illegal to spy on people, one of them being under title 50 saying “A person is guilty of an offense if he intentionally engages in electronic surveillance under color of law except as authorized by statute” (“NSA Spying on Americans is
