Government Research - Dlk V. United States

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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). Now don’t get me wrong, because at no point am I saying that what DLK was doing was “right”. However, DLK obviously “expected to keep what he was doing as private”. Therefore, the law enforcement should have gotten a search warrant from a judge prior to searching DLK’s home. I believe many of you would argue that the law enforcement didn’t need to get a search warrant in order to search DLK’s house, because DLK could easily destroy the evidence. However, you must see that it is very hard to completely obfuscate evidence inside a home, as a house cannot be “moved” unlike any automobile. According to Chief Justice William Howard Taft, “...and a search of a ship, motor boat, wagon or automobile, … where it is not practicable to secure a warrant because the vehicle can be quickly moved…”. I bet all of us understand that although DLK could have tried to “cover up” the evidence, it would be certainly very hard to hide it completely (traces would

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