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Fourth Amendment Scenarios

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The Fourth Amendment protects people from unreasonable searches and seizures (Hall, 2014). In the scenario, it is important to remember that the employer is a government entity and the Fourth Amendment was originally designed to limit government authority as it applies to unreasonable searches and seizures (Hall, 2014). You would not be able to make a strong argument that the government violated the Fourth Amendment in this scenario. The property, whether it is a laptop, cell phone, or tablet, belongs to the government. Government entities have policies that employees must read and sign specifically acknowledging there is no expectation of privacy on these devices owned by the government.

Changing the scenario still doesn’t bode well for the employee. The U.S. Supreme Court …show more content…

Again, the standards of use are clear and the expectation of privacy does not survive the government’s interest and already established case law. If using a personal thumb-drive in a government owned device, the employee would not have any rights under the Fourth Amendment for that thumb drive being searched and seized. Is the governments search or seizure unreasonable? It would not be once an employee introduced a device such as a thumb-drive into the government computer. The government has a vested interest in the cyber security of their network. Thumb-drives can have devastating effects when connected to a network. They make the governments system vulnerable to viruses, malware, and other threats that can compromise the security of sensitive information. Also, thumb-drives or devices like them make it extremely easy to obtain data that should not be removed from government computers. This again gives the government a reasonable interest in the protection of “their” property to search these personally used

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In United States v. Miller the Supreme court ruled that using the bank records of a man to convict him did not violate the Fourth Amendment, even though law-enforcement officials did not have the warrant to look thru the bank records. This was not a violation of the Fourth Amendment because the bank records contained only “the information voluntarily conveys to the banks and exposed to their employees in the ordinary course of business.” By getting any working cellphone, it is known that the information that goes in and out of the towers such as the times the calls were made, data usage, and the general vicinity of the person does not violate privacy, and it’s rather a known agreement with the person using the cellphone and the cell phone

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Upon checking the 4th Amendment document, you are correct that the parking space should be 36 (10 reserved non-tandem parking spaces and 26 reserved tandem spaces) and it would be 34 if the penthouse space is terminated with 9 reserved non-tandem space and 25 reserved tandem spaces. It’s clear to us now.

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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.

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After being reviewed, the Court ruled that the search was not in violation of the Fourth Amendment. They said that “the realities of the workplace” did not give him the same privacy of being in his own home. It states that an individual’s workspace can be searched because it’s the safety of the workplace and the space is property of the business, not the employee. (O'Connor v. Ortega, n.d.).

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742 Words | 3 Pages

According to the Fourth Amendment, people have the right to be secure in their private property, and may only be searched with probable cause. However, in a recent case, this right was violated by the government. An Oregon citizen, with the initials of DLK, was suspected of growing marijuana in his home. The federal government used a thermal imager to scan his home, and were later given a warrant to physically search his home. However, many remain divided over whether or not this scan was constitutional, as there was no warrant at the time of the scan.

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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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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.

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Apple letting the FBI into their system to see terrorist data poses extreme risks, because as soon as Apple has “a back door installed, all kinds of people can walk in” (“Apple vs. The FBI”). Essentially, if the government can invade privacy, untrustworthy people can as well. Most importantly however, there must be limits placed on what the government can do, lest they infringe the basic rights of citizens. How can anybody stand having their data mined without consent? The government knows “Americans’ social connections … their associates, their locations at certain times, their travelling companions, and other personal information” (Engler).

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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

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In the article, Snoopers at Work author Bill Bryson, suggests that nearly every American employee is being spied on in some way by their employers. Many companies have taken advantage of the advances in technology by using it daringly to spy on their employees by intruding in medical records and monetoring phone calls. Furthermore, other companies are observing their employees as they work by hiding recording cameras and spying on them secretly. Meanwhile, there is also a distinct paranoia around drugs. Multiple companies have introduced a regulatory system called TAD or tobacco, alcohol, and drugs which forbid their employees from consuming any of those substances at any given time, including in their homes; infact, these companies enforce

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427 Words | 2 Pages

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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1058 Words | 5 Pages

Would you like your home to be searched in the middle of the night and have all of your stuff thrown on the ground just because a police officer may think that you have been doing something illegal? Luckily your Fourth amendment right protects you from this ever happening. The purpose of the Fourth Amendment is to protect U.S. citizens from unreasonable searches and seizures by the government. During the revolutionary war the British had imposed the writs of assistance which was a law that gave British government much more power over American Individuals. Americans were very unhappy with the writs of assistance because many would be thrown in jail without reason or a very weak one and their property would be destroyed by British officials

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752 Words | 4 Pages

Electronic surveillance is also under the Fourth Amendment, so the law enforcement cannot watch you with any type of electronics of any sort. Furthermore, your personal items: backpack, house, or phone are considered your property so the law enforcement can search any of them without the citizen’s permission or proved as reasonable. Although of all of the advantages of the Fourth Amendment, a disadvantage is that for the law enforcement it makes accumulating evidence

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1003 Words | 5 Pages

The fourth amendment provides protection from unreasonable searches and seizures by the government only, so it doesn’t apply to private enterprises. The Electronic Communications Privacy Act (ECPA) passed in 1986, included constitutions and statutes, and common law remedies for invasion of privacy. It is considered out of date since the inception of the internet. Technology has changed and the U.S government will need to start taking measures to update digital laws to preserve the privacy of citizens’ chats, emails, texts, and smartphone records. Specific contracts or collective bargaining agreements will limit the monitoring of employees, but both practical and legal difficulties exist that make this difficult (Intro: Privacy,

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769 Words | 4 Pages

Government Surveillance violates our Bill of Right The Fourth Amendment protects the people from unreasonable searches from the police or any other government official. I agree with Christopher Soghoian, technology can in fact be a civil rights issue due to government surveillance. Invading our civil rights by government officials has been attempted more than once before.

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