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Questions on the fourth amendment
4th Amendment issue of privacy vs. national security
Questions on the fourth amendment
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Various guarantees create zones of privacy. The right of association contained in the penumbras of the first amendment is one, as we have seen. The Third Amendment in its prohibition against the quartering of soldiers “in any house” in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The Fifth Amendment in its self-incrimination clause enables the citizens to create a zone of privacy which government may not force him to surrender to his determent.
The Fourth Amendment makes people in American feel safe and secure. David Sirota author of “Does the government actually understand the 4th Amendment?” says,"a few years after it aired the director of national Intelligence admitted illegal surveillance was still taking place"(understand). " the Government’s unverified assertion that it has halted “systemic” illegal/unconstitutional surveillance by the National Security Administration." says David Sirota author of “Does the government actually understand the 4th Amendment?”(Understand). Sirota also states "The NSA is admitting that even with an outdated 1997 supreme court ruling it knows it cannot post mass collect metadata with no warrants whatsoever.
The Fourth Amendment should be stricter because law enforcement agencies
The Fourth Amendment: The 4th amendment provides protection in regards to the issuance of warrants sans probable cause and protection against unreasonable searches and seizures. This amendment implements the limit of law enforcement power to conduct searches, seize property, and make arrests. The 4th amendment however does permit searches and seizures when reasonable justification as to why the police need to conduct a search is established. If an individual believes to have a well-founded expectation of privacy of the location or material being searched, the 4th amendment will be upheld. The 4th amendment is classified as the most significant in terms of criminal justice due to the fact police do not violate the fourth amendment by making reasonable mistakes, however, intentional ignorance of the law is not excused.
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.
The Fourth Amendment of the U.S. Constitution provides, the ultimate goal of this provision is to protect people’s right of privacy and freedom from arbitrary governmental intrusions. And being searched. Good Thing
Some people may think that the 14th amendment does a poor job of protecting people’s rights. In document five it explains how on September 11, 2001,with the terrorist attacks on the World Trade Center, it has caused video surveillance in the United States to increase. For example the U.S has programs that use facial recognition that help match photographs of criminals faces to the criminal. Another program that we use helps prevent suicide bombers from attacking. Some people may think that prevention of terrible events reoccuring or occurring is a good thing, but using security systems everywhere may be a violation of their rights and privacy.
The 4th Amendment may be aggravating for the police, but on the other hand is beneficial for United States citizens. The 4th Amendment preserves protection, produces citizens to feel secure, and prohibits insignificant searches. Without the involvement of the 4th Amendment in the United States, government or authorities could invade privacy and go through citizen’s belongings without any type of
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.
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.
Powerful Governments A government is to be in charge of the economic affairs, policy, and actions of a country. There are various types of governments, with laws and restrictions that citizens are to follow. These laws and restrictions can easily be taken to extremes as portrayed in George Orwell’s 1984.
Nowadays, “privacy” is becoming a popular conversation topic. Many people believe that if they do not do anything wrong in the face of technology and security, then they have nothing to hide. Professor Daniel J. Solove of George Washington University Law School, an internationally known expert in privacy law, wrote the article Why Privacy Matters Even if You Have ‘Nothing to Hide’, published in The Chronicle of Higher Education in May of 2011. Solove explains what privacy is and the value of privacy, and he insists that the ‘nothing to hide’ argument is wrong in this article. In the article, “Why Privacy Matters Even if You Have ‘Nothing to Hide’”, Daniel J. Solove uses ethos, pathos, and logos effectively by using strong sources, using
To begin, we need to understand the fourth amendment. The fourth amendment was created to prevent the government from breaching into our homes and convicting us of crimes based on evidence they discover within our homes. It was vital to state unreasonable searches in the constitution, and an unreasonable search is a search done without
The Fourth Amendment is having the right to privacy; the police can’t go into your home without permission from the homeowners or the judge. Both of these amendments are indeed valuable to Americans because they allow us to express ourselves and be who we want to be with privacy. I believe the First Amendment is vital because it allows people to stand up for what they believe in and choose their path in life. It lets us convey with other people to express our commonalities with the world.