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Playpen Pros And Cons

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Recently, a federal court in Virginia ruled that the FBI doesn’t need a warrant to hack your computer. Their argument is that a defendant has no “reasonable expectation of privacy” about his personal computer. This gives the FBI the privilege to hack into anybody’s computer even if they don’t have probable cause. To understand I will talk about the event that led to this ruling. In 2014, the FBI seized control of the site Playpen. Playpen was a child pornography site. The FBI continued to operate the site and gave anyone who visited the site malware that logged your computers information. This led to many arrests of people who used the site. Personally, I think these arrests are very good, but the methods are not. However, you can argue that …show more content…

I believe that a personal computer inside a house should have an expectation of privacy. The Judges argued that since computers are hacked everyday that there is no expectation of privacy. The same argument could be made against houses. People break into houses everyday but there is still an expectation of privacy. If the police can hack into everybody’s computer without a warrant, it would be the same as the police being able to search peoples houses without probable cause. Its not just people who don’t agree with the ruling. A Massachusetts court found that the FBI’s evidence was invalid due to it relying on a warrant that was did not apply to the …show more content…

This isn’t the first time something like this has happened. When the FBI wiretapped a conversation in order to arrest people for illegal gambling without a warrant the Supreme Court ruled that they had an expectation of privacy and that law enforcement must have a warrant to wiretap. Their decision was based off when you say something to the public it is not protected by the 4th amendment, but when you try to keep it private even if it is in a public place it is protected. I think the solution is that the Supreme Court should make a decision based off their previous ruling because the defendants kept it private and even took additional measures to make sure no one else knew, like masking their IP address by using

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Summary Of Charles Katz V. United States

430 Words | 2 Pages

Defendant: The Defendant argued that the Plaintiff Fourth Amendment right was not violated, and he violate 18 U.S.C. & 1084. Holding/rule of Law: (1) When a court rule under 18 U.S.C. & 1084 it requires the government to prove “whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or in formation assisting in the placing of bets or wagers”. The penalty is a fine not more than $10,000 or imprisoned not more than two years, or both. (2) Does the Constitution protect us against unreasonable search and seizures and not the place?

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Case Brief Griswold V. Connecticut

624 Words | 3 Pages

Griswold v. Connecticut, 381 U.S. 479 (1965) Facts: Two plaintiff, Griswold and Buxton, were the Executive and Medical Directors for Planned Parenthood League at Connecticut State respectively. They had been accused and later convicted and fined $100 each for violating the Connecticut Comstock Act of 1873. The Act illegalized any use of drugs, medical item, or any other appliance for the purposes of preventing conception. Griswold and Buxton had been found quilt of giving information, medical advices, and counselling to couples about family planning.

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Exclusionary Rule In The Weeks V. United States Case

475 Words | 2 Pages

Even with the absence of a defendant local police and US federal agent entered Week residence without a warrant and seized evidence related to “illegal gambling which they wished to use against Weeks in a criminal gambling crime” (Ingram p.81). Before his trial, “Weeks requested the return of documents that the federal government sought to use against him, however his request was denied and he was eventually partly convicted based on evidence illegally taken from his residence” (Ingram p. 81). However, during his appeal before the United States Supreme Court Weeks argue that his Fourth Amendment rights was violated when federal agents seized the documents that was used as evidence against him in the trial court and the Court agreed and reversed Weeks

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Case Study On Riley Vs California

922 Words | 4 Pages

The court after this decision accepted willingly this rule as protection of fourth amendment for privacy. • Introduction Many people in the country are arrested, but many of these arrested of which the major part is never convicted for any

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Should The 4th Amendment Be Stricter?

167 Words | 1 Pages

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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Kyllo V. Us Case Study

493 Words | 2 Pages

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.

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Dk Dbq Analysis

742 Words | 3 Pages

These actions did not go by what was established by an earlier, similar case, and by performing the scan with no warrant, the government did not allow DLK to conduct private activities in his own home. Although some argue that the government’s actions were acceptable because they only scanned what was visible to the public, they still used a device not readily available to the public to see inside DLK’s home. The government’s actions were unacceptable, and a warrant should have been obtained prior to performing the search in order to make it

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Mapp Vs Ohio Case Study

1872 Words | 8 Pages

This ruling is controversial because many say that this will let guilty people go free on police carelessness, while others say that the constitution is not a technicality and allows for the equal prosecution of all

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Venon Annotated Bibliography

1084 Words | 5 Pages

The wiretapping program is used to collect data that is transmitted on a network and allows the government to eavesdrop without a warrant. The use of this program is easy for the NSA to snoop and allows the government to eavesdrop without having to present a warrant. President George W. Bush had addressed this program as a crucial part to the National Security Agency, yet this announcement led to the wild growth of the NSA’s power. The NSA took advantage of the program and used it to spy on the conversations between foreign nationals, U.S. citizens, and international communications. However, curious of the program and questioning President Bush’s speech, a group from the U.S. senate decided to look into the situation.

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Pros And Cons Of The USA Patriot Act

1198 Words | 5 Pages

Prior to the Patriot act a search warrant was needed, after the Patriot Act a search warrant is no longer required for agents to employ surveillance “…when looking into the full range of terrorism-related crimes,” (Dept. of Justice). The Patriot Act allows federal officials to gather information for suspected terrorist activity without needing to have evidence. In addition to this, Howard Ball observed that in the seventh title of the Patriot Act information is able to be shared between federal, state, and local law enforcement (52). Banks and Tauber analyzed federal district court decisions on cases regarding the Patriot act and they found, “[T]hey [district courts] are not inclined to protect civil rights and liberties during times of domestic or international conflict.” They continue to note that judicial ideology does not affect the outcomes of these cases, that civil-libertarian interest groups make a deferential decision less likely, and that if a more conservative Senate and president are in power a deferential decision is more

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Amendment IV In Modern Times

291 Words | 2 Pages

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 Patriot Act: Violation Of The 4th Amendment

140 Words | 1 Pages

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.

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Persuasive Essay On Dvk

545 Words | 3 Pages

Technology has advanced over the past decade, providing law enforcement officials with new ways of gathering criminal evidence. However, these tools have raised some constitutional questions. An individual from Oregon with the initials DLK was involved in a case which had people wondering if agents violated his fourth amendment rights. Federal agents suspected that DLK was growing marijuana inside of his home, which drove agents to scan his house using a thermal scanner which showed heat just like the kind that is generated by using special lights in growing marijuana. A judge then issued agents a search warrant to check the home where they found 100 marijuana plants.

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Argumentative Essay: Should The NSA Surveillance

169 Words | 1 Pages

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.

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Argumentative Essay On The Fourth Amendment

427 Words | 2 Pages

Back in 1975, there was a major case called, Payton V. New York. Theodore Payton was suspected of murdering a gas station manager, they found evidence within his home that connected him with the crime. What caused the problem was the fact New York had a law that allowed unwarranted searches if the person was a suspect. Based off the oral argument presented by Oyez, the police said it didn't count as the evidence because it was in public view when entering the home. It had to be appealed before it was determined as unconstitutional.

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