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In the case of Kyllo Vs. United States thermal imaging of a private home for evidence of marijuana growing constitutes a Fourth Amendment violation(3). For the evidence gained from the thermal imaging should be discarded because the knowledge was gained without a warrant
In Payton’s case six officers went to his apartment intending to arrest him. They had not obtained a warrant but had proceeded to knock summoning emergency assistance where they then used crowbars to break open the door and enter the apartment to find no one was there. Officers searched the apartment to find the shell casing of a .30-caliber which they then used in a murder trial (5)
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.
Sales, Nathan A. "The PATRIOT Act Does Not Violate Americans' Right to Privacy." Espionage and Intelligence. Ed. Sylvia Engdahl. Detroit: Greenhaven Press, 2012. Current Controversies. Rpt. from "Testimony: Reauthorization of the PATRIOT Act, House Subcommittee on Crime, Terrorism, and Homeland Security." 2011. Opposing Viewpoints in Context. Web. 5 Mar. 2014.
"Fourth Amendment." LII / Legal Information Institute. N.p., n.d. Web. 21 Mar. 2014.
"What Does the Fourth Amendment Mean?" USCOURTSGOV RSS. N.p., n.d. Web. 21 Mar. 2014
"Constitutional Protection for the Home." Constitutional Protection for the Home. N.p., n.d. Web. 21 Mar. 2014
Police invade a home with out a warrant
A search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present. Such a search or seizure is unconstitutional under the Fourth Amendment (applied to the states by the Fourteenth Amendment), and evidence obtained from the unlawful search may not be introduced in court.
The need for increased security in America is a benefit rather than a disadvantage because it reduces the chance of terrorist attacks and any other acts of violence. No matter how miniscule the change is, giving up a little privacy in order to save a life is worth the sacrifice. Weeks following the 9/11 attacks the USA Patriot Act was passed by congress and signed by President Bush. The patriot Act allowed law enforcement agencies more access to individual medical, financial and social media records given a potential terrorist treat existed.
The problem with today’s government is that the fourth amendment is being violated through the Governments electronic surveillance.
In criminal law, the phrase that describes law enforcement's gathering of evidence of a crime. Under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises (including a vehicle), and any seizure of tangible evidence, must be reasonable. Normally, law enforcement must obtain a search warrant from a judge, specifying where and whom they may search, and what they may seize, though in emergency circumstances, they may dispense with the warrant requirement.
All start with Sir Edward Coke
4th amendment start in Britain it 1604
Became a Britain amendment in 1765 by lord Camden
The case Entick vs. Carrington
The Britain police tock ever thing he had
In the United States British where taking goods
They taxed so much they not make money on the goods
Had sneak goods out sell them in their place
December 15, 1791 add bill of rights