The Current State Of Fourth Amendment Law Essay - 2841 Words

?Privacy is one of the biggest problems in this new electronic age.[footnoteRef:1]? [1: Andy Grove http://quotesgram.com/img/privacy-quotes/9730413/] This paper is intended to discuss the current state of Fourth Amendment law and evaluate the legality of State and Local governments use of drones as an extension of the state government?s police powers. The paper will proceed first by examining the current state of Fourth Amendment jurisprudence with particular attention paid to how courts have historically reconciled Fourth Amendment rights with State Government?s use of emerging technology to advance the state?s policing powers. Next, the author will define ?drones? and discuss the current capabilities of military and commercially available drones. To conclude, the author will analysis the current state of the Fourth Amendment and how courts have evaluated emerging technologies effect on the Fourth Amendment, together with the capabilities of modern drones, to determine the legality of State Governments usage of drones as a part of their police powers. Fourth Amendment ?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 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.[footnoteRef:2]? [2: U.S. Const. amend. IV. ] The FourthShow MoreRelatedThe Fourth Amendment Of The Constitution1107 Words   |  5 PagesThe Fourth Amendment of the Constitution was ratified in 1791 and is an important amendment in the Bill of Rights. The Fourth Amendment is â€Å"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 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† (Charles Wetterer). The issueRead MoreEssay about Laws Governing Unmanned Aircraft: A Literature Review1245 Words   |  5 Pages(1963). However, their current role in surveillance is much shorter. Unmanned aircraft are predominantly used by military in the roles of surveillance and precision strikes. Advancements within the military UAS programs and the signing of FAA Modernization and Reform Act of 2012, has facil itated the necessity to formulate a plan to regulate unmanned aircraft operating over the United States. This study will address the major concern voiced by the public’s concern regarding law enforcement using unmannedRead MoreThe First Articles Of Confederation971 Words   |  4 Pagesthis was the United States first Articles of Confederation. The Articles’ final debut wasn’t until November 15, 1777 but to officially become one it had to make its way through every individual state to be ratified or accepted (Articles of Confederation). Later came the American Revolution which led the states dispute over political differences in other words the bickering over land Between Virginia and Maryland leading to a consequence of a 5 year delay. Soon majority of the states accepted and theRead MoreU.s. Supreme Court And The Fourth Amendment1564 Words   |  7 PagesThe U.S. Supreme Court and the Fourth Amendment Since the founding of the American Democracy, partisanship has always been a major problem when it comes to political aspects of the law. The Constitution was designed to implement laws into our country that would make our governing body run smoother with fewer conflicts. However, when dealing with Democracy based on the â€Å"people’s word† it is hard to avoid such conflicts. Since each citizen in our country has the right to freedom of speech and thoughtRead MoreCase Study on the Use of a GPS Without a Warrent641 Words   |  3 Pagesof Cocaine. There was a search warrant issued to follow this vehicle with the global positioning system (GPS). This event happened in Washington D.C. Procedural Posture The two areas that the court wanted to pursue were: A violation of the fourth amendment and installing the global positioning system (GPS) without a valid warrant. Using the global positioning system tracked every move the Jones family made and it was an invasion of their privacy at some points during their trips to certain locationsRead MoreFourth Amendment Essay1438 Words   |  6 PagesThe Fourth Amendment of the Constitution holds grave importance for the citizens of the United States of America. This amendment of the Constitution is exceptionally important due to the fact, that it protects citizens from unreasonable searches or seizures. However, the phrase, â€Å"reasonable expectation of privacy† is a different aspect that is pertinent to the evolution of the Fourth Amendment, and Riley v. California. To dissect this phrase, reasonable is the important aspect here, this is whereRead MoreWill We Follow Lincolns Advice? The Fourth Amendment Essay1375 Words   |  6 Pa gesnothing to deal with the Fourth Amendment, or the Search and Seizure laws within the Constitution, what is stated still brings about a good point relating to the Constitution. The fact being brought out of this quote is that the Constitution’s purpose is to safeguard Americans’ liberties. Along with great points brings questions regarding the quote. Should individuals interfere with the Constitution, more specifically the amendments and rights pertaining to search and seizure laws? In today’s societyRead MoreThe Ethics Of The Law942 Words   |  4 Pagesagree with all of my fellow opinions that this law in question is absurd. I do not however agree that the evil qualities seen in the law makes it unconstitutional. I feel that this law is offensive just as Goldberg, Harlan, and White do. Dr. Buxton and Ms. Griswold merely expressed their opinions on contraceptives and practices and instructing how to use them. I feel that by doing this they were exercising their rights under the first and fourteenth amendment, which includes the freedom of speech. CfRead MoreUse of Mrs. Tobins’s DNA in the Murder of Amanda Christopher796 Words   |  3 Pagesissue, several states have seen the need for the use and storage of DNA that is obtained of arrestees charged of serious crimes, such as felonies and sexual offenses. Analyzing both the federal and other states provides some guidance as to whether or not the use of previously obtained DNA is constitutional. Questions Presented: 1. What is the standard for using previously obtained DNA from an unrelated arrest for a current investigation? Answer: Depends on the state. Few states allow theRead MoreInvestigation Of Search And Seizure1025 Words   |  5 Pagesin much civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person s property and impound any related evidence to the offence. In other words, it is a pursuit by law enforcement officials for possessions or communications alleged to be evidence of the crime, and the act of taking possession of this assets. The law of search and seizures is very essential in helping fight the current pursuit of criminals