Investigation: A person can have reasonable privacy even in a public place. In this case, the person utilizing the phone booth would expect reasonable privacy because they would not think that their conversation would be recorded regardless of the conversations that took place. Under the Fourth Amendment, the taping of the phone conversations constitutes the search even though the search was achieved without a warrant. Conclusion: The evidence such as the tapes were inadmissible under the Fourth Amendment. Thus, the conviction was overturned.
The Government Goes Too Far As American citizens, we all have the right to have protection from unlawful searches/seizures and to have privacy. These rights are undoubtedly guaranteed under the 4th Amendment. With the events that took place in the DLK case, the rights of DLK, particularly those protected under the Fourth Amendment, were evidently violated when the law enforcement used heat imaging to see whether or not he was growing marijuana in his own home. According to Document A, what we expect to be private is constitutionally protected by the Fourth Amendment of the Constitution. “But what he seeks to keep as private, even in an area accessible to the public may be constitutionally protected” ~ Justice Potter Stewert (Katz vs. United States).
If their was no fifth amendment the government can do what ever they wanted whenever they wanted with no say. The Fifth Amendment is similar to the Fourth Amendment because they both state similar things. The fourth Amendment gives U.S. citizens the right to have private documents to remain private. It also says the government cannot go through unreasonable search warrants. If the fourth Amendment was not in use the government would have the right to be in our personal lives and their would be no privacy.
Search and Seizure Paper According to the Fourth Amendment of the United States Constitution, “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 be 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” as a country we take our liberties seriously. Our founding fathers believed a search, seizure, arrest, and reasonableness were the basic foundation to a law abiding country. Today, these elements continue to impact our criminal justice system. We will take a closer look into these to define there necessity in our
1.2 Explain why it is important to have secure systems for recording and storing information in a Social care setting. It is important because any breach of personal information without consent is breach of the law data act 1998. Also privacy is very important to people and they don’t want their personal information getting into the wrong hands and being used against them or being a victim of identity theft. 2.1 Describe how to access guidance, information and advice about handling information. I would access guidance, information and advice about handling information from speaking to my manger and attending any training and reading the policy and procedures.
The Fourth Amendment allows the people certain protections, which allows a 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.” (Find Law. Fourth Amendment) So before an officer can search you, or your home they must have probable cause and have a warrant in hand or risk any evidence being collected useless during trial. The Fifth Amendment allows helps protect the person being arrested by allowing them to remain silent, in return protecting them from incriminating themselves. When being arrested, by law the officer reads the person their Miranda Rights, which includes remaining silent, contacting or providing a lawyer, and also protecting from being tried twice for the same crime which comes under the protection of Due Process. The Sixth Amendment allows the right to a speedy and public trial allowing them to stand trial in the district they committed the crime and allowing confrontation from witnesses and those who could help assist the defense.
(caselaw.findlaw.com/data/constitution/amendment04/). Four models of the Fourth Amendment provide protection: a probabilistic model, a private facts model, a positive law model, and a policy model (Stanford Law Review, p. 503). Exceptions of the right of privacy, is not as stringent in a person’s vehicle. If one’s behavior is suspicious, an officer may impound the vehicle or search its contents without a warrant. The Fifth Amendment to the Constitution According to Tom Head’s Civil Liberties, and the Fifth Amendment, a person cannot be held for questions in a capital crime unless an indictment has been issued by a Grand Jury.
Amendment five in the Bill of Rights was set in place in order to protect citizens from misconduct on the part of the government and its courts. It allows us to live freely and not be “deprived of life, liberty, or property, without due process of law.”(Amendment 5, Bill of Rights) To many, this is an amendment that preserves their rights, yet citizens are not to decide what the “due process” part of law really is. Dershowitz states in his piece, “The current U.S. Supreme Court interpretation of the 5th Amendment privilege against self-incrimination: Any interrogation technique, including the use of truth serum or even torture, is not prohibited.” (Elements, 85) By bringing in this interpretation of the fifth amendment by the Supreme Court, Dershowitz brings fear into his audience by showing them that what they believe is the definition might not be the government’s definition. The audience is shown a contradiction of their beliefs in the beginning of the article making it easier for Dershowitz to persuade them to side with
First Amendment The First Amendment protects the five basic freedoms that are essential to the American way of life. These freedoms are: speech, press, assembly, petition, and religion. Freedom of speech allows you to say what is on your mind, in public or private places, without fear of getting punished. But you cannot commit slander or treason. Slander is when someone lies about another person in order to hurt their reputation.
One example would be that a police officer cannot search your house without a warrant. Just like in the 4th amendment which states that everyone has protection from unlawful searches and seizures. A second example would be checks and balances because when an individual right is listed in the Constitution it is a limit on the government’s power over the individual. Republicanism is when citizens elect representatives to carry out their will.