The Fourth Amendment states that people have the right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” An influential dissent written by Louis Brandeis contends that the amendment does not simply protect a person’s property but the “right to be let alone.”...
Constitutional Amendments Preface I choose the fourth amendment for two reasons: - It recognizes a right that, inevitably, cannot be taken away from a person....
Greenwood deals with the issue of whether or not the Fourth Amendment prohibits “the warrantless search and seizure of garbage left for collection outside the curtilage of a home.” California v.
In this case, the lower courts and the Supreme Court agree that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage outside a private residence.
This was an astounding constitutional reading, or misreading, as original as Citizens United, and as idiosyncratic as the reasoning in Bush v. Gore, which found a conclusive principle designed to be instantly discarded—or, for that matter, as the readiness among the court’s right wing to overturn a health-care law passed by a supermajority of the legislature over a typo. Anyone who wants to both grasp that decision’s radicalism and get a calm, instructive view of what the Second Amendment does say, and was intended to say, and was always before been understood to say, should read Justice John Paul Stevens’s in that case. Every person who despairs of the sanity of the country should read it, at least once, not just for its calm and irrefutable case-making but as a reminder of what sanity sounds like.
Greenwood the Justices clearly states that unless the respondent could manifest some reasonable expectation of privacy for discarded effects that society would find objectively reasonable, than the Fourth Amendment can not and will not protect the privacy of the individual with regards to objects in plain view.
In the future, one can expect to see an increase in these types of cases simply because with the advancement of technology it is becoming increasingly easier for law enforcement and government to perform more in-depth and thorough types of surveillance without the knowledge of the private citizen.
The court argues that the only way in which the Fourth Amendment could provide protection over discarded personal effects would be if the respondent was able to manifest some expectation of privacy that society could find “objectively reasonable,” and while the petitioner and respondent agree, they could not manifest such an expectation.
These exceptions are indeed consistent with the Fourth Amendment’s prohibition against unreasonable search and seizure for the previously stated reasons; With regards to open field searches the court finds that the Fourth Amendment only protects the privacy of the individual and their property within a close proximity to the curtilage of their home, and warrantless search of an open field amounts to little more than trespassing rather than a violation of a constitutional right.
While the same constitutional rights exist for the individual citizen, those rights will be infringed upon at a greater frequency with the advancement of surveillance technologies, and knew precedents will inevitably have to be set by the Supreme Court as these cases are heard, one by one. The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well.
In this paper I will talk about how the passage of the fourteenth amendment was a relevant event in history, how it impacts our country today, how it is viewed as the civil rights amendment in our textbook, how it h...
Overview | Sept. 17 is Constitution Day, and we are using this lesson and our related question to take a closer look at the Fourth Amendment and what it says about new government surveillance techniques.
In the first sentence of the fourth paragraph (third paragraph in the body), "one blind eye" is used that hooks into the previous paragraph. This first sentence also lets the reader know that this paragraph will deal with descriptions of people: ". . . what the old man looks like . . .." Once again Poe is quoted and discussed. The last sentence uses the word "image" which hooks into the last paragraph. (It is less important that this paragraph has a hook since the last paragraph is going to include a summary of the body of the paper.)
The Bill of Rights is a list of limits on government power. For example, what the Founders saw as the natural right of individuals to speak and worship freely was protected by the First Amendment’s prohibitions on Congress from making laws establishing a religion or abridging freedom of speech. For another example, the natural right to be free from unreasonable government intrusion in one’s home was safeguarded by the Fourth Amendment’s warrant requirements.