The fourth amendment prohibits, "unreasonable searches and seizures", and protects citizens' privacy within reasonable measures. Now, how does this tie into modern technology, and should the use of this information be considered a violation of people's constitutional right to privacy? Police should not be able to obtain information stored by personal devices or their carriers, as the Fourth Amendment of the Constitution guarantees privacy to the United States citizens. In that case that the authorities were to use information from a person's personal device without a proper warrant, they would be in direct violation of the Fourth Amendment. The Fourth Amendment was established in order to protect the privacies of the United States
Although the examination of the exclusionary rule may constitute deterrence for law enforcement, the rule still may be considered constitution although its existence (Zalman, M. (2011)). Rationale and Purpose of the Exclusionary Rule The exclusionary rule is separated into three parts. The first part needs an item to be physically collected as evidence. The second part is that the item of evidence has been collected by a governmental officer or a person temporary acting in their behalf, for example; confidential informants. Confidential Informants are told to do acts or buy thing that may be illegal, but they are doing it on behalf of the government (Zalman, M. (2011)).
Exclusionary Rule Evaluation John Stepney CJA/364 November 5, 2013 Kenneth Overwater Abstract The Fourth Amendment always has protected the three civil rights of liberty, property, and privacy. Under the Fourth Amendment the exclusionary rule was designed to sustain that any evidence that was obtained illegally by government officials is a violation of a defendant's constitutional rights and cannot be used against the defendant in a court of law. The reader will be informed of the rationale and purpose of the exclusionary rule and identify exceptions to the rule. It will also analyze the costs and benefits as well as alternative remedies to the exclusionary rule. Exclusionary Rule Evaluation In the 18th century the exclusionary rule under common law did not allow coerced confessions of defendants to be admitted in trial courts.
The Misuse of Drugs Regulations 2001 is intended to prevent the non-medical use of certain drugs, particularly those that can lead to dependency. The Health and Social Care Act 2008 sets up requirements for all providers of social care services for protecting people in relation to the risks presented by medicines. 1.2 The Medicines Act 1968 classifies medicines into three categories. Prescription only medicines which can only be bought from a pharmacist if prescribed by a doctor. These include antibiotics and medicines for diabetes and heart disease.
First of all, if the NSA were to pursue major invasions of privacy to American’s, they would be obstructing rights set forth by the Constitution. The Fourth Amendment to the Constitution prohibits non-reasonable search and seizure. If there is no probable cause for the government to search for evidence on an individual, then their legal rights should not be violated. I personally have nothing to hide, but being spied on would make me questions the true ethics of this country. On the other hand, I think that our government has the right to do everything in it’s power to ensure our safety, including spying on those in countries who have threatened our own.
It protects the guilty rather than the victims. This rule basically states that evidence obtained illegally cannot be used in a criminal trial. The basis of this rule is supposed to prevent the police and other sections of the government from illegally searching or violating our homes and our privacy. When all it really does is prevents the truth from surfacing and help criminals go free. After researching both sides of this issue, in no way am I stating that I don’t understand the determination of the opposing side to keep this rule.
The loophole in the definition of freedom of speech and press is that it doesn't state anywhere that the speaker/writer must be familiar with the factual state, or speak/write the truth at all. Of course, there are laws that regulate that, but a skillful ruler controls the laws and knows very well all loopholes. The ruler, in fact, doesn't have to control the press. That measure is for the uncapable ones. A smart ruler will understand that the control must be attained over the information source, not the information flow.
Section 76(8) defines oppression as including torture, inhuman or degrading treatment or the use of threat of violence. Torture, inhuman or degrading treatment is also prohibited by Article 3 of the ECHR. Saadi v Italy held ill treatment must attain a minimum level of severity to fall in the Article 3. It depends on all the situations of the case; duration of the treatment, its physical and mental effects and state of health of victim and it should go beyond the usual humiliation during the legal
Running Head: BORDER PORTECTION AND IMMIGRATION Border Protection and Immigration Eric R. Kloss Excelsior College Border Protection and Immigration Americans live in a country where freedom is taken for granted, and not appreciated. Most Americans do not know the cost of freedom and are unwilling to contribute to keeping America free. Americans forget the price that so many have paid to keep America free. I feel that immigration and border security is one of the main issues associated with terrorists and the smuggling of illegal goods, and equipment into America. Changes must be enforced instantly in order to stop this illegal entry into America.
(4 Wheaton, U.S., 518, 581.) "Due process of law" contemplates notice and opportunity to be heard before judgment is rendered, affecting one's person or property. "Due process of law" is not every act, legislative in form, that is, law. Arbitrary power, enforcing its edicts to the injury of the persons and property of the citizens, is not law.2 Simply put, the government cannot deprive a person of his right to life, liberty and property unless it has subscribe to proper forms and procedure. Nonetheless, the due process clause should not only