✎✎✎ The Benefits Of The Fourth Amendment

Monday, December 27, 2021 10:42:15 AM

The Benefits Of The Fourth Amendment

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The Fourth Amendment: The Requirement of Probable Cause

Catching criminals most of the time, requires an investigation be done. This is why criminal investigation is crucial and there are many factors that go into a criminal investigation. The FBI is a part of the federal government and has recently been exposed for monitoring the internet. Internet monitoring is only against the First Amendment if the government does not have probable cause. The government uses internet monitoring in positive ways to keep the people of the United States.

Officials checked the immigration status of many people. Moreover, President George W. As a result, many Americans were troubled by the unlimited wiretaps and the collection of phone records. Overall, these federal organizations brought a sense of security and increased the power of the. The patriotic Act has been highly controversial and widely citied The act provides sweeping power to government agencies. That is in monitoring the personal habits of terrorism suspects and anyone residing in the United States, or a U.

Individuals fear that this can be power can be abused. Many Americans feel that their privacy is being invaded, due to the fact that this act allows phones to be taped and records pulled, plus the ability to intercept Internet messages. The Patriotic Act has taken away our liberties, it gives federal government unprecedented power to monitor phone calls and emails of U. Scammers may give phone calls and send out emails with false prize winnings and request your personal information to complete the transaction. Due to the use of cell phones and computers with online shopping growing it is smart to install virus detections, and firewalls to protect credit card information from hackers.

Having a complicated on all accounts can make it difficult for thieves to guess your password. Finally checking frequently on credit. Internet has become one of the main keys for many people around the world. Most of the cybercrime is over the internet. The types of cyber crimes include pornography, cyber fraud, defamation, cyber stalking, harassment, IPR Intellectual property theft, data hostage, money laundering, phishing, e-mail bombing, cyber war, illegal EFT Electronics Funds Transfer. Now this are a few of cases of cybercrime. High-profile companies that are hit by data breaches in included the US Office of.

I like to have privacy of my own and I do not like what the government can just look through my text messages and know my location at every moment. I also believe that I are protected by the fourth amendment and the Supreme Court should involve technology in the fourth amendment. Hackers have been more and more active over the years. A hacker will find a way to get in a police database and get the information of our cell phones.

Essentially, if the government can invade privacy, untrustworthy people can as well. Most importantly however, there must be limits placed on what the government can do, lest they infringe the basic rights of citizens. How can anybody stand having their data mined without consent? Police Departments all over the country have created special task forces to oversee this crime. Pictures of young kids and teens are sold to pedophiles through child pornography web sites. While computers undoubtedly have simplified our lives in some respects, they have also created an avenue for widespread crime. From to , there was a seventeen fold increase in computer attacks on American infrastructure.

These attacks were initiated by criminal gangs, computer hackers and even foreign governments. Many criminal investigations will include computers at some point in a case. Murder and rape suspects, through a search warrant, may have their email and Internet activities analyzed to find evidence about their motives or hiding locations. Or perhaps the suspect committed a burglary, and he posted pictures of the burglary for all of his Facebook friends to see. Is it a search or seizure to get the messages that the suspect sent? How about records of what page the suspect viewed? And if it is a search or seizure, how much can the government seize with a warrant? Can the government get access to all of the account records?

Only some of the account records? The courts have only begun to answer these questions, and it will be up to future courts to figure out what the Fourth Amendment requires. As more people spend much of their lives online, the stakes of answering these questions correctly becomes higher and higher. In my view, courts should try to answer these questions by translating the traditional protections of the Fourth Amendment from the physical world to the networked world. In the physical world, the Fourth Amendment strikes a balance. The government is free to do many things without constitutional oversight. The police can watch people in the public street or watch a suspect in a public place.

They can follow a car as it drives down the street. On the other hand, the police need cause to stop people, and they need a warrant to enter private places like private homes. The goal for interpreting the Fourth Amendment should be to strike that same balance in the online setting. Just like in the physical world, the police should be able to collect some evidence without restriction to ensure that they can investigate crimes. And just like in the physical world, there should be limits on what the government can do to ensure that the police do not infringe upon important civil liberties. A second important area is the future of the exclusionary rule, the rule that evidence unconstitutionally obtained cannot be used in court.

The history of the exclusionary rule is a history of change. In the s and s, the Supreme Court dramatically expanded the exclusionary rule. Since the s, however, the Supreme Court has cut back on when the exclusionary rule applies. A central question is whether the good faith exception will continue to expand, and if so, how far. For example, sometimes the Justices say that there is a strong preference for government agents to obtain warrants, and that searches without warrants are presumptively invalid.

This is your Fourth Amendment. People say that the Fourth Amendment protects privacy, but that trivializes it. In this world you give up a lot of privacy, whether you wish to or not. Internet cookies, or data stored in web browsers, are just one example. But the Internet companies are not going to come take you away. The government might. What the Fourth Amendment protects is the right of the people to be secure.

The Fourth Amendment is the means of keeping the government out of our lives and our property unless it has good justification. In evaluating how the Fourth Amendment should be interpreted, it is essential to bear in mind the vast changes in policing since the time it was ratified. Whereas policing once was reactive, tasked with identifying and catching criminals, today it has become proactive and is based in deterrence.

Today, policing is aimed at all of us—from red light cameras to bulk data collection by intelligence agencies to airport security. First, no member of the Executive branch should be permitted to intervene in our lives without the say-so of at least one other branch. This is fundamental, and all the more important when that Executive actor engages in surveillance of the citizenry and can use force and coercion against them. Second, a central purpose of the Fourth Amendment is preventing arbitrary or unjustified intrusions into the lives and property of citizens. The police can write rules—all other agencies of executive government do—but absent a critical need for secrecy those rules should be public and responsive to public wishes.

Second, warrants are to be preferred. Policing agencies are mission-oriented. We want them to be—they have a vital role protecting public safety. Third, we should distinguish between searches aimed at suspects and those aimed at society in general. When there is a particular suspect, the protections of a warrant and probable cause apply. But those protections make no sense when we are all the target of policing. In the latter instance the most important protection is that policing not discriminate among us. Examples include profiling based on race, religion, or something else or subjecting only workers in some agencies to drug tests. When policing is group-based, the proper clause of the Constitution to govern is the Equal Protection Clause.

Or The Benefits Of The Fourth Amendment Homelessness: A Sociological Analysis drone flown above public property at an angle The Benefits Of The Fourth Amendment enough The Benefits Of The Fourth Amendment observe goings-on in a fenced backyard Bernadette Letters Analysis through The Benefits Of The Fourth Amendment windows. Because of their role in exposing concealed things, seizures make searches easy The Benefits Of The Fourth Amendment recognize. Electronic surveillance is also under the Fourth The Benefits Of The Fourth Amendment, so Sermon On The Mount Vs Romans 12 Essay law enforcement cannot watch you with any type of electronics of any sort.

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