ipl-logo

Pros And Cons Of Warrantless Search

1310 Words6 Pages

The side of this debate that supports less strict criteria for warrantless search of the digital information of cell phones is law enforcement, which is made up of various entities that track American citizen’s data to keep the country safe. Government lawyers and supports of warrantless cell phone searches argue that “searching a cell phone is no different than search other items commonly found on a person at the time of arrest.” In addition, they point out that prohibiting these searches would hurt prosecutors’ chances of proving guilt in drug trafficking cases because of the widespread use of cell phones by drug dealers in order to move their products. At surface level it seems that the Court has just required police to get warrants before checking cell phones, but the ruling could lead to questions about the NSA’s capacity to conduct warrantless search on American’s data. Government institutions, primarily the NSA, have used “section 215 of the Patriot Act” to analyze American’s phone data, but this ruling could show that the Court is attempting to better protect the Fourth Amendment rights of citizens by stopping …show more content…

In Riley v. California the Supreme Court unanimously decided to apply this right to cell phone data because the information provided by this data is “worthy of the protection for which the Founders fought.” The language of Chief Justice seems to say that the Supreme Court will protect the personal data of United States citizens, which means that some government programs could become heavily restricted or banned in the future. The Supreme Court must continue to fight for citizen’s Fourth Amendment rights and will have the opportunity to do so when future government surveillance cases come to the

Show More
Related
933 Words | 4 Pages

1. Warrantless search of cell phones implicates substantial greater risk of intruding upon an individual’s privacy. In this case, digital data is involved, more substantial privacy interest of an individual are at stake. Further owing to the nature in which digital data is stored, search of evidence on cell phones may extend beyond the physical proximity of an arrestee, thus the need for police officers to acquire a search warrant. Court

Read More
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
674 Words | 3 Pages

In a groundbreaking case recently, a federal judge ruled against a Milwaukee man who was suing the state over the way he was arrested. He was arrested in a completely normal manner; however, the police were able to find him via a device called a stingray. A stingray is a device that can gather information on phones by sending out a signal that mimics a cell tower. This causes phones in the area to attempt to connect to it as they see it as a real tower. Once the device is connected to the stingray authorities are able to use it to gain a wide variety of information.

Read More
941 Words | 4 Pages

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

Read More
829 Words | 4 Pages

Diaz that the police are not required to have a warrant in order to search the information on someone’s phone at the time of their arrest. In this case checking Diaz’s phone was lawful because it occurred during a search incident to arrest. A search incident to a lawful arrest allows police to perform a warrantless search of an arrested person in the interest of officer safety, destruction of evidence and prevention of escape. Based on this ruling, the digital contents of a cell phone do not threaten the safety of police officers. It makes sense for officers to secure the phone to make sure there is no potential harm, but data on the phone cannot harm anybody.

Read More
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

Read More
419 Words | 2 Pages

The USA Patriot Act was signed into law on Oct. 26, 2001, due to the need for cooperation among all levels of security. Police and other department agencies were given powerful authority and encouraged to share information. This is to meet the goal for a safer America in times of turmoil including international affairs. But as the years have passed and as terrorist attacks seem to cease, people have begun to question if there’s too many restrictions on law enforcement were called off.

Read More
780 Words | 4 Pages

The act of “Stop and Frisk” began in the early 1900’s when crime rates began to escalate in major cities such as New York, Chicago, and Philadelphia. Stop, question, and frisk, or SQF, is an urban policing measure that involves the large-scale deployment of officers in public spaces (e.g., sidewalks, alleys, the communal outdoor spaces of public housing) tasked with conducting frequent investigative stops (Huq, A. Z. (2017). In the articles provided, it is questioned whether New York’s stop and frisk policy is constitutional or not. I agree with the court's ruling, I believe Judge Scheindlin seemed too involved. “Judge Shira A. Scheindlin, the appeals court said, jeopardized "the appearance of partiality ... by a series of media interviews and public statements purporting to respond publicly to criticism of the District Court”

Read More
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.

Read More
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
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
865 Words | 4 Pages

That's my tracker,” by Peter Maass and Megha Rajagopalan they talk about how every personal information that a citizen has safe on their phone is not safe and that their phones are in danger. In the article, they mention how “1.3 million of call data was collected”. Millions of cell phone users have been swept up in government surveillance of their calls. That proves that cell phone companies have definitely been watching our every move and how our phones have obviously become like our personal trackers. In the article, they also mention how “Cellular systems constantly check and record the location of all phones on their networks – and this data is particularly treasured by police departments and online advertisers” this obviously shows that the government is able to obtain private information from citizens.

Read More
996 Words | 4 Pages

Cell phones are everywhere, with everyone at all time that it has become a danger to our privacy. During the last decade, technology has been evolving at a speedy rate. As predicted by George Orwell the parallel elements between his novel and our present day are significant. We have similar technology, similar tracking, similar invasion of privacy, and similar over reaches. The present has become an updated version of George Orwell’s 1984 novel.

Read More
602 Words | 3 Pages

The fourth amendment is perhaps the most important to note when these contradicting ideas arise. It states that any citizen is free from unwarranted searches or seizures. Those in favor of a less intrusive FCC or NSA will argue that their power to look into a citizen’s search history and internet activity is a direct violation of the fourth amendment. Upon further inspection, one might realize that the problem goes deeper than just privacy or protection. Both of these freedoms should be able to exist together, without negating each

Read More
1567 Words | 7 Pages

there has been a rise in instances in which the government has began tapping Smartphone calls, texts, and emails of people in the call of national safety. The question that arises right here is that is this not a violation of the proper to privacy of a person. With those incidents on a upward thrust, it 's far very critical to set up guidelines and guidelines and a felony framework on the issue. The legislature ought to pop out with laws which country the extent to which cell phone tapping (or tapping off any communiqué) can be allowed. It is also critical that the Judiciary lays down a few recommendations as regards to using these records as evidence.

Read More

More about Pros And Cons Of Warrantless Search

Related Topics

Open Document