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Fourth Amendment: Fundamentals Of Search And Seizure

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1. The Fourth Amendment protects the fundamental of search and seizure. Which in this case, discusses the importance of obtaining physical evidence and how it is used. In other words, the Fourth Amendment can be violated if the evidence gathered has been obtained unreasonably. The court argued that it is an individual right to keep information private and are protected regardless of the place they are in. In addition, they also mentioned if citizens have an “expectation of privacy” and society recognizes as reasonable then the Fourth Amendment avoids any search and seizure. The “expectation of privacy” applies to not only electronic surveillance but all forms of searches and seizures. The majority also rejected the penetration rule where a person’s rights can be violated even if the police never physically intrude his/her property or possessions. Justice Black dissents stating that the Fourth Amendment does not apply to the eavesdropping. Although he mentions that eavesdropping was unknown during the time the Fourth Amendment was written, he provides an ancient scenario where if eavesdropping had been a big deal back then, then it would have been written in the Fourth Amendment. 2. …show more content…

The Olmstead court did not make a similar distinction since the majority rejected the penetration rule. The Fourth Amendment was interpreted as protects against unreasonable search and seizures in protected areas and tangible items. Which would have led to wiretapping being

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In the foundational case of Katz v. United States, 389 U.S. 347 (1967), the Supreme Court broadened the scope of the Fourth Amendment by holding that it applies when there is a reasonable expectation of privacy. Looking further, does that mean that the government can contradict all Fourth Amendment protections by saying that employees should have no hope of privacy, according to the department’s policies? Determining the reasonableness of any search involves a twofold inquiry: first, one must consider 'whether the . . . action was justified at its inception'; second, one must determine whether the search as actually conducted 'was reasonably related in scope to the circumstances which justified the interference in the first place (Chemerinksy, E., 2010). The court decided this way because they majority felt that the searching of the home with the police dog is within the Fourth Amendment rights and was a reasonable search.

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But the officer continued to pat down the persons to find illegal weapons. The case went to the Supreme Court and the court was convinced that it does not violate the fourth amendment to pat down a person to find any illegal weapons by the police officer if the officer suspects that the person may have committed a crime or going to do a crime. As per this case, we can understand that a

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The Fourth Amendment requires a probable cause for arrest. Substantially, particular things are needed to legally conduct a search or seizure. This incorporates arrest, so a search, a seizure, or an arrest cannot take place without reason. Not to mention, there must be a "court order" for Apple to give the government "customer data." So, since a “court order” must be in place for Apple to give the government “customer data,” that “court order” would have to also take place for an arrest that could conceivably follow.

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Amendment IV is still used in modern times. Most often, Amendment IV comes into play during criminal trials, because in the 1950s, Supreme Court ruled that any evidence obtained an an unlawful search are ineligible to appear in court. However, this is very controversial because the illegal evidence might prove that the criminal is guilty, but the defendant will escape without punishment since it cannot be used. In addition, Amendment IV, in modern years, has been challenged and discussed often because of many contentious search and seizure incidents involving government or police. Recently, the government has been gathering information on American citizens’ Internet and telephone use in an effort to intercept terrorist activity online and over

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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?

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