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The Pros And Cons Of Drones

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Drones also known as unmanned aerial vehicles (UAVs) or unmanned aircraft systems (UASes), are aircrafts that can either be remotely controlled or fly autonomously through software-controlled flight plans. In the past drones have mostly been associated with the Armed Forces (i.e. Unmanned combat aerial vehicle (UCAV)), where they are used for intelligence gathering, military operations and as weapons against foreign terrorist targets. Nowadays drones are also widely and legally used by private individuals for recreational purposes, but also by law enforcement in investigative processes (i.e. drone-based photography and videography), surveillance, search and rescue, traffic and crowd monitoring. Used as an extremely efficient crime-fighting …show more content…

Since drones can be used by law enforcement officers to obtain images, pictures and recordings of individuals in their homes or other locations assumed to be private, UVA use raises privacy concerns, and thus come under the Fourth Amendment constitutional rights scrutiny. The Fourth Amendment of the U.S Constitution meant to balance out governmental investigative and prosecutorial powers with that of individuals’ constitutional rights , asserts “the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” In clear, the Amendment affirms a ban on arbitrary searches and seizures effectuated by the …show more content…

Kyllo v. the United States, 533 U.S. 27, 34 (2001)). Additionally, one must analyze the issue under the reasonable-expectation-of-privacy test, using the U.S Supreme Court case Katz v. the United States approach, in which the scope of a person’s privacy expectation is outlined. Since that landmark case has determined that the Fourth Amendment protects people rather than places, and thus is not solely based on a physical intrusion, one must ascertain whether a subjective expectation of privacy exists in the location, when analyzing where drones can fly, and whether it is possible or plausible to reasonably exhibit that expectation of

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Drones look like little remote control helicopters but with cameras in them. Some people fly these just for fun, but sometimes they can be used in the military. However, they have been seen to be becoming an invasion of privacy. Recently, there was a Kentucky man who shot down a drone that was hovering over the houses in his neighborhoods. In an article, he was asked and interviewed about the situation and said, “...To me, it was the same as trespassing”(Hawkins).

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For example a drone is ideal for SWAT operations, crowd control, criminal missing person, forensics crime scene, gangs, narcotics, search and rescue, vehicle crashes and corrections (prisons). However, using drones for the constant surveillance of someone at their personal property is illegal unless the law enforcement agency obtains a warrant. There are many cases that have been thrown out due to be in violation of the fourth amendment. In the case Kyllo v. the United States (2001)” Suspicious marijuana was being grown in petitioner Kyllo’s home in a triplex, agents used a thermal imaging device to scan the triplex to determine if the amount of heat emanating from it was consistent with the high-intensity lamps typically used for indoor marijuana growth.

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Fourth Amendment: Fundamentals Of Search And Seizure

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“The Fourth Amendment says that you have an expectation of privacy in your home and person (body). The government cannot search you, your home, or belongings without a good reason.” (Background Essay). But, through the years the government has invaded the protection the Fourth Amendment has given to society. For example, “Federal agents put a bug- a device that allowed them to listen to the conversations” (Doc A).

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Fourth Amendment Misconceptions

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The Fourth Amendment to the United States Consitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant be judicially sanctioned and supported by probable cause. The common misconception is that it simply covers what it states. In the age of development and new technology, it is likely that what we consider secrets or personal information is not as secret or personal as we once believed. Important pieces of evidence or information have often been found through illegal means, and this has led to many cases that change the way the constitution and the Fourth Amendment affect

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US NEWS informs us, “Drones in Seattle and Miami are equipped with video cameras capable of taking daytime and nighttime video, as are drones used by the Texas Department of Public Safety.” In 1989 Supreme Court decision ruled that police may use helicopters to peer into semiprivate areas including the backyard of a house without first obtaining a warrant. The Congressional Research Service furthermore states “The legal issues discussed in this report will likely remain unresolved until the civilian use of drones becomes more widespread”. The fourth amendment prohibits any search and seizures without a warrant.

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The author Jonathan Franzen believes “Without privacy there was no point in being an individual.” This quote is stating that every individual is granted a right to privacy. The Fourth Amendment secures a citizen's personal information and it ensures that hackers cannot invade citizens’ privacy. Since the Fourth Amendment requires a probable cause to conduct a search and seizure, citizens are insured property cannot be seized unless approved by a judge. The Fourth Amendment, assures citizens that search and seizures must be approved by a judge, and to be approved the case has to be probable.

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Against The Fourth Amendment

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Federal agents suppected a amn name Charles Katz of bookmaking, placed a listening device againist a publoc phone booth that Katez used. "The Government 's activied is electronically listening to and recording words violated the privacy upon which KAtz justifiably relied while using the telephone booth and thus constituted a search and seizure whithin the meaning of the fourth amendment") the court concluded with help of an unanimous votes that the police violate the fourth amendment. In conclusion, the fourth amendement came a far way with the wording.

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Electronic surveillance is also under the Fourth Amendment, so the law enforcement cannot watch you with any type of electronics of any sort. Furthermore, your personal items: backpack, house, or phone are considered your property so the law enforcement can search any of them without the citizen’s permission or proved as reasonable. Although of all of the advantages of the Fourth Amendment, a disadvantage is that for the law enforcement it makes accumulating evidence

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