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Fourth amendment owrding
Legal considerations with the 4th amendment
Legal considerations with the 4th amendment
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Significance: The Supreme Court here expresses that governmental conduct like drug dog sniffing that can reveal whether a substance is contraband, yet no other private fact, does not compromise any privacy interest, and therefore is not a search subject to the Fourth Amendment. Terry v. Ohio permits only brief investigative stops and extremely limited searches based on reasonable suspicion including seizures of property independent of the seizure of the
In this case Kyllo v. United States, the Supreme Court ruled against the vitric of the lower courts on a 5 to 4 vote. The questions that need to be answered in this case, in my opinion serve a bigger purpose then the case at hand. The case itself is about a man named Danny Kyllo who was growing marijuana plants inside his home illegally. An officer of the U.S Interior Department got a tip that this man was illegally growing plants inside his home and went to investigate this. Obviously a tip from an unknown is not enough information to get a warrant to search the man’s property.
Almost a decade ago, Antoine Jones was tried, convicted, and given a life sentence for operating a drug trade. Of course, his possession of illegal drugs and involvement in the selling of illegal drugs is enough for his conviction, but Jones argues that the police secured evidence unconstitutionally. When the police first started observing Jones on suspicions of his participation in the drug trade, they fastened a hidden GPS device on his car, in order to track Jones to a so-called “stash house,” although they did not procure a warrant to use the device. The police were able to successfully apprehend Jones based on evidence procured from the GPS. Citing the Fourth Amendment of the US Constitution, Jones took his case to the Supreme Court.
Current Courts Opinion In a 5-4 opinion the Supreme Court decides that the Governments use of a thermal imagining device that is not available to the public to gather information of a home that would be unknown without using the device is a violation of the Fourth Amendment search and is deemed unreasonable. The majority opinion argued that a person has the right to privacy in their own home. This argument is then rejected. Judge Scalia argued that there is a fine line when it comes to the Fourth Amendment and because they did not “enter” the home, it was not an invasion of privacy.
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.).
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.
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
One of the few things that needs recognition is the Declaration of Independence and our 14th Amendment. After earning our independence, slavery and segregation occurred. For almost a century, whites treated African Americans unfairly until the 13th Amendment passed, the amendment to abolish slavery. Our whole country was in chaos for many years due to unfairness and racism. We all wouldn’t be have our rights today if it wasn’t for the 14th Amendment.
The fourteenth amendment protects the little people. The people who are slipping through the cracks, the ones that have fallen by the wayside of the majority. Recently, this has meant rulings in favor of same-sex marriage. Historically, it has granted women the right to an abortion and given African Americans the right to go to the same schools as their fellow Americans. In each case, an oppressed or otherwise infringed group from the overreaches of the state, the society at large.
The United States didn’t invent freedom. The Greeks and Romans had their democratic principles and the British had their Magna Carta before we were a nation. We are not even considered the “most free” nation in the world. In fact, we were ranked 20th in the world earlier this year by the Cato Institute in the “human freedom index.”
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
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
The Second Amendment protects the right of people to keep and bear arms. This amendment was a controversial among different people in the government. It was between letting the people keep their weapons or to not let the people keep their weapons. This amendment was important to the framers of the Constitution because it provided the country with a well-regulated militia. The Second Amendment states "A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.
The Fourth Amendment states, "The right of the people to be secure in their persons, houses papers, and effects..." this in the minds of the people alludes to the right of privacy. However, society misses the other half of this Amendment, which is, "...against unreasonable searches and seizures shall not be violated, and no Warrants shall issue, but upon probable cause..." In the case of the Government having moderation over the internet, people use the Fourth Amendment on their side. Yet, the Amendment supports the side of the Government. When the Government moderates the internet, they are doing it for the safety of the nation.
Students’ First Amendment Rights As stated in the United States Constitution, The Frist Amendment reads; Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise therefore; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” The First Amendment of the United States Constitution guarantees citizens certain rights and freedoms, including the freedom of speech, religion, press, assembly, and petition. These rights are fundamental to the functioning of a democratic society and are particularly important for students, who are often at the forefront of social and political movements. However,
