Design Of The Fourth Amendment - 2361 Words

Design of the Fourth Amendment The Fourth Amendment was not designed to serve as a fixed protection against government abuse. There is no amendment to the Bill of Rights whose contents should be taken at the face value they were written for. Keeping any amendment in its’ historical context would solidify the amendment as a defense for the historical incidents that occurred in late eighteenth century, rather than a guarantee that law enforcement officers act accordingly in present day. As times change and advances are made to technology, society identifies a need for changes within amendments; specifically the Fourth. Based on the majority opinions of landmark cases by the Supreme Court, we are able to predict where Fourth Amendment law is headed in connection with new technologies. Law is the formal embodiment of rules that legislators, regulators, and judges etch into statute books, administrative manuals, and judicial decisions. It is unavoidable and desirable to see the law change as technology becomes increasingly sophisticated (Larkin 2013). The invention of telecommunications systems in 1875, created a need for a law to protect the integrity of conversations. Likewise, the invention of electronic devices such as car spotlights, electronic listening devices, global positioning systems, and thermal imaging scanners brought upon a validated reason for the public to be concerned. The concern raised was over the abuse of these devices by the government in order to acquireShow MoreRelatedCJA 484 Criminal Law Foundations Evaluation1424 Words   |  6 Pagesï » ¿ Criminal Law Foundations Evaluation CJA 484 – Criminal Justice Administration Capstone Jacinto C. Rincon June 24, 2013 David Mailloux With a great deal of debate the design of the United States along with the lay out by the founders of the country who took their roll in laying down the â€Å"rules† of the United States of America very seriously. The Articles of Confederation, the Bill of Rights, and the US Constitution lay the floor work of a layer of protection afforded to all United StatesRead MoreThe Fourth Amendment Is On Privacy1502 Words   |  7 PagesThe search and seizure stipulate that the Fourth Amendment is about privacy. It gives a prevision of protection of personal privacy to every citizen’s right, not to serve as a fixed protection against the misuse of the government, but to be free from unreasonable government intrusion into individuals lives. There is an understanding that one must know when looking into the Fourth Amendment and expecting protection, that must be considered. It serves as a protection for the rights of the people duringRead MoreCivil Bureau Of Prisons Regulations Es say968 Words   |  4 Pagessociety is continually evolving, this evolution results in amendments to existing laws. There is also evolution in the sub-culture of the prison system. Inmates are more frequently filing cases, in an effort to establish or redefine how the constitutionally established are applicable to their setting. This essay will discuss 1st, 4th, 8th, and 14th amendments, and how they apply to specifically to those who are incarcerated. 1st Amendment â€Å"Congress shall make no law respecting an establishment ofRead MoreUnmanned Aviation Vehicles And The Department Of Homeland Security1396 Words   |  6 Pagesdesired knowledge we sought. In the United States, our history in the field of aviation originated with the Wright brothers in the early 1900s. The cumulation of the last one hundred and seventeen years of aviation technology has made it possible to design an unmanned plane that has been scaled down to the smallest size possible and strapped with technology to view and shoot a person on the other side of the world. Today, aviation engineers continue to perfect the next generation of drone called theRead MoreAn Unmanned Aircraft System ( Uas )1691 Words   |  7 Pages(Black 2013). Moving beyond crowd surveillance, drones are raising a lot of questions in reference to the Fourth Amendment that protects citizens and their houses, papers and effects from unreasonable searches and seizures (U.S. Const. amend IV). As drones have the potential to become important tools in police investigations, there are many situations presented that fall outside of the Fourth Amendment’s regulation but fit in well enough to raise it as an issue (Koerner 2015). The concern centersRead MoreRatification of Constitution Essay869 Words   |  4 Pagespublic support for the Constitution. Thus began the first defense of the Constitution and its original intent; which continued on when the US Supreme Court first convened on February 2, 1790. It was not until John Marshall of Virginia became the fourth Chief Justice in 1801 that the powers and role of the Court were clearly defined. Marshall took the Court from being the weakest branch to being one of the most powerful branches of government with its power to interpret the Constitution and lawsRead MoreThe Freedom Of Privacy Act1078 Words   |  5 PagesCredibility: We are bringing up this topic, because we have done our research on events that the has overstepped their bounds, and we can say that each and every one of us should be allowed our privacy. IV. Thesis Statement: The Freedom of Privacy Act is design to counter and replace the unconstitutional Patriot Act, and return privacy back to our nation. V. Preview briefing: The increase of government intrusion has been on the rise since the Patriot Act was turned into law which have infringed on our constitutionalRead MoreIs Safety Something We Should Sacrifice Privacy For Our Lives?1667 Words   |  7 Pagesreligion, and assembly. This means that employees of any employer, under law, have the ability to write whatever they want in emails or other messages. For employers to read through or control what employees say would be a direct violation of this amendment. Since I have only been on the employee side of this argument, I am much more biased towards you of not wanting my emails or my peers emails being read through. Eventually towards the end of my career I want to start my own engineering firm. AlthoughRead MoreUse Of Securitisation Theory And Documentary Analysis1023 Words   |  5 Pagesseveral amendments, such as the search with â€Å"probable cause† outlined in the Fourth Amendment (U.S. Const. am. 4, 1791). Lynch (2012) would define civil liberties as ‘sacred’ and therefore should never be infringed upon. However, the ‘probable cause’ section was abused using powers granted by PATRIOT Act. It is common consensus among the literature that the PATRIOT Act was overreaching and overused to wrongly justify blanket surveillance. However, the PATRIOT Act also violated the First, Fourth andRead MoreBill of Rights Essay1647 Words   |  7 Pages Brant gives a summary of how these amendments proposed by James Madison, would be added quickly to the Constitution: The first ten amendments were added to the Constitution of the United States in a period of uneasy calm. The Americans who were most apprehensive over that untried document, because its guarantees of liberty did not go far enough, included a great many who wanted to cut down its grants of legislative and executive power. But the amendments were drafted and submitted to the nation