ipl-logo

Process Essay: Violation Of The Fourth Amendment

592 Words3 Pages

The constitutional issue I am analyzing is the violation of the fourth amendment. There have been many cases of people’s fourth amendment rights being violated, some times it is justified and other times it was violated unreasonably. It is very important that our fourth amendment rights are protected and US citizens private lives aren't being infringed upon and unreasonably searched. In the past recent years there have been Supreme court cases that involve the violation of the fourth amendment. One of the cases is the City of Ontario v. Quon in California that went from 2009 to 2010. The cases involves police officers who were given text-messaging pagers and one of the officers messages were read without their permission. The police department did not have an official text messaging privacy policy but they did have a general policy stating “employees shouldn't expect privacy when using internet, e-mail and internet use and can be monitored with or without notice.” The police department verbally told them the texting pagers were considered e-mail and were subject to general policy. In the supreme court they decided that the reading of the texts was justified because it was reasonable. They basically said that if …show more content…

If the text-pager was for personal use it would not have been ok and would have been violating the fourth amendment. Because the pagers were meant for workplace use and also they were told verbally that the pagers apply to general policy and were subject to search justifies the court's decision. I understand why Quon felt his fourth amendment right was violated, I probably would have as well because having someone read your messages almost always feels like a violation. But also, if Quon was told that the pagers were subject to general policy and were meant for work and could be searched i would think that he just wouldn't use them for anything personal so if they were searched he wouldn't

Show More
Related

Peter Crumans 4th Amendments: A Case Study

378 Words | 2 Pages

Peter Crumans 4th amendments were not violated when he was compelled to show his Facebook page. School officials were trying to protect the wellbeing of their students, therefore trying to get to the bottom of what this tip was about and needed to search the suspected student who after a little persistence began to cooperate. Principal Lyons received an anonymous tip that Peter Curman had posted that he would be conducting a few sales of illegal drugs on school property giving him reasonable suspicion to search the student. In the case of New Jersey vs. T.L.O school officials were able to search a student due to reasonable suspicion for violations on school property, therefore giving principal Lyons justification because he not only received

Read More

Summary Of Kyllo V. United States

549 Words | 3 Pages

Claiming the thermal evidence was a violation of the fourth amendment right, your right to privacy within your home and to legal searches. After this case was sent to the Supreme Court, which I agree is where this case belonged, they found that the lower courts judgments were wrong in admitting this evidence. And after reading the facts of the case fully and Justice Scalia’s court opinion, I would have to agree that this case requires further inquiry into the original intent of the fourth amendment. I think that we as citizens do have a right to privacy within are home, however I think that if someone is doing something illegal within their home then there should be proper measurements that are taken to stop them. The reason I think the court should have ruled in the way they did is because this is a case where is begs the question how far can someone go using technology to obtain information that normally would have caused the officer to break the law to

Read More

Summary Of The Supreme Court Case Of Youngstown Sheet And Tube Company

2406 Words | 10 Pages

Since the U.S. Supreme Court’s ruling in the Mapp case various other cases such as U.S v. Leon the “good faith” exception in 1984 and Nix v. Williams the inevitable discovery rule of 1984 have helped to modify the exclusionary rule handed down by the U.S Supreme Court stating that the original ruling interfered too much with the work of police officers (Pearson

Read More

Riley Vs California Case Study

649 Words | 3 Pages

The California Court of Appeal later affirmed the convictions and denied the suppression of evidence on the basis of California Supreme Court’s decision in People v. Diaz. 3. Issue: The Fourth Amendment prohibits unreasonable search and seizure. Riley involves whether police officers can search a suspect’s cell phone without a warrant during an arrest. In Riley v. California, the lower court ruled that a police officer not only can seize and secure a suspect’s cell phone during an arrest, but they can also search the contents of that phone without a warrant or probable cause.

Read More

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

Read More

Supreme Court Case: Riley Vs. California

1346 Words | 6 Pages

The writ questioned “Whether or under what circumstances the Fourth Amendment permits police officers to conduct a warrantless search of the digital contents of an individual’s cell phone seized from the person at the time of arrest”, SCOTUSblog.com; and it was granted on January 17, 2014 in part because Federal and State Courts had openly divided opinions over this issue. Riley v. California was argued on April 29, 2014 and a decision was made on June 25, 2014. The Supreme Court, under Chief Justice John G. Roberts, Jr. declared by a unanimous decision that a warrantless cell phone search violates the Fourth Amendment right to privacy. The court stated that the warrantless search exception (SITA) does not apply to this case because digital data store in an electronic device cannot be used as a weapon to harm officers. Although, the court recognizes that possible evidence stored on a cell phone may be wiped remotely, it also acknowledges that it could be avoided by disconnecting the cell phone from the network and placing it in a Faraday bag.

Read More

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.

Read More

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

Read More

Arguments Against The 4th Amendment

1073 Words | 5 Pages

Before the 20th century, there were few, if any, cases based on the Fourth Amendment. However, as surveillance by law enforcers became more common, these tactics, and others, were scrutinized in court cases throughout the 20th and 21st century. Within the past 50 years there have been more and more cases held to determine whether or not a citizen’s right were being violated or if authorities were within the law. Like a story with multiple timelines, the outcome of a case disputing the fourth amendment is not always clear or predictable. PII Like many of the other amendments, already established traditions of British law supported the concept of the IV Amendment.

Read More

Violating The Fourth Amendment

210 Words | 1 Pages

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

Read More

Persuasive Essay On The Fourth Amendment

1226 Words | 5 Pages

In analyzing whether or not a Fourth Amendment violation has occurred, it is necessary to determine if a search has occurred in the first place. Within the scope of the Fourth Amendment, a search constitutes an officer examining someone’s person, home, papers, or effects to find evidence of a crime. In other terms, a search occurs when the government violates a subjective expectation of privacy that society readily recognizes as reasonable, as defined in Kyllo v. United States. Additionally, as further discussed in Kyllo v. United States, “obtaining by sense-enhancing technology any information regarding the interior of a home that could not otherwise have been obtained

Read More

Argumentative Essay On The Fourth Amendment

427 Words | 2 Pages

The Verdict discussed how both cases were attempting to suppress evidence from their cell phones which now contain much more information than they once did. Cases like this continue to shape our rights. The fourth amendment is here to protect ourselves from being incriminated. In modern day the fourth amendment is in question due to new technology.

Read More

Benefits Of The Fourth Amendment

752 Words | 4 Pages

“The NSA is not listening to Americans ' phone calls or monitoring their emails” (Does the Government). As the government states they are permitted to collect any Americans communications The Fourth Amendment protects your privacy, for instance the police cannot search personal properties. Due to the definition of "the right of the people to be secure in their persons, houses, papers,” it makes people feel secure (Legal Information). In addition, it prevents all irrelevant searches that are not useful.

Read More

The Patriot Act

625 Words | 3 Pages

The Patriot Act directly violates the fourth amendment because of it searches through American people’s private devices. The United States v. Antoine Jones had concurring opinions, disputes between other judges, and other complicated interpretations of the constitution. If this is how the justices are seeing the case with Jones shouldn’t they look at the government. Through the Patriot Act the government is doing this everyday, and there is nothing being done

Read More

Workplace Monitoring Case Summary

1943 Words | 8 Pages

Workplace monitoring covers the legal allegations of balancing and managing organizational needs to protect and preserve the workplace with the expectation of privacy from its employees. Employers must conduct appropriate steps to reduce the risk of misconduct and other losses by monitoring and establishing policies to protect its employees and property. In this paper, the topic for discussion will provide an analysis of the federal court’s decisions on issues concerning employees’ privacy and limits on an employer’s rights to search and seizure in four separate case studies. Additionally, the discussion will include the impact that the decisions had on an employer’s responsibility and the employee’s rights to privacy.

Read More

More about Process Essay: Violation Of The Fourth Amendment

Related Topics

Open Document