Privacy Rights/Limitations - Restrictions/Threatening to government: Difference between revisions
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|contents=The Fourth Amendment has rarely been fully realized in its long history. While the Fourth Amendment guarantees privacy in search and seizure, the states originally did not want it to apply to their procedures and noted that it had yet to be applied to the states via the Fourteenth Amendment’s Due Process Clause (Enforcing the Fourth Amendment, n.d.; US GPO, [[Probable year:: 1992]], [[Probable year:: 1260]]) . As such, lots of cases came forward to the Supreme Court, and the Exclusionary Rule was established (Enforcing the Fourth Amendment, n.d.). The Exclusionary Rule prevents trials from using improperly collected evidence, but it does not fully apply the Fourth Amendment and prevent searches (Enforcing the Fourth Amendment, n.d.). The rule has gone through a couple of iterations based on the amendments from which it is derived by the Court. It was originally established in Boyd v. US ([[Probable year:: 1886]]) , based in the Fourth and Fifth Amendments, then evolved with Weeks v. US ([[Probable year:: 1914]]) , which claimed derivation from the Fifth Amendment but appeared to be based in the Fourth. Its current state results from Mapp v. Ohio ([[Probable year:: 1961]]) when the Court held that the Fourth Amendment was an essential feature of privacy and decided that the standards of evidence collection should be consistent between federal and state jurisdictions (Enforcing the Fourth Amendment, n.d.; US GPO, [[Probable year:: 1992]], [[Probable year:: 1262]]) . However, authorities can collect whatever evidence they wish and are not held to a legal standard unless they wish to have permissible evidence in the likely-upcoming judicial proceedings (Enforcing the Fourth Amendment, n.d.). Additionally, there are currently many cases that have developed in which a warrant is not needed, causing even Congress, via the Government Publishing Office, to admit there has been an expansion of power given to authorities (US GPO, [[Probable year:: 1992]], [[Probable year:: 1208]]- [[Probable year:: 1209]]) . Beyond this expansion, it is known that authorities who perform acts that are not permitted by law are rarely reprimanded, especially with search and seizure and the ability to use the “good faith” defense (Enforcing the Fourth Amendment, n.d.; US GPO, [[Probable year:: 1992]], [[Probable year:: 1258]]) . These facts prevent the right to privacy from being perceived as threatening to government authorities. | |contents=The Fourth Amendment has rarely been fully realized in its long history. While the Fourth Amendment guarantees privacy in search and seizure, the states originally did not want it to apply to their procedures and noted that it had yet to be applied to the states via the Fourteenth Amendment’s Due Process Clause (Enforcing the Fourth Amendment, n.d.; US GPO, [[Probable year:: 1992]], [[Probable year:: 1260]]) . As such, lots of cases came forward to the Supreme Court, and the Exclusionary Rule was established (Enforcing the Fourth Amendment, n.d.). The Exclusionary Rule prevents trials from using improperly collected evidence, but it does not fully apply the Fourth Amendment and prevent searches (Enforcing the Fourth Amendment, n.d.). The rule has gone through a couple of iterations based on the amendments from which it is derived by the Court. It was originally established in Boyd v. US ([[Probable year:: 1886]]) , based in the Fourth and Fifth Amendments, then evolved with Weeks v. US ([[Probable year:: 1914]]) , which claimed derivation from the Fifth Amendment but appeared to be based in the Fourth. Its current state results from Mapp v. Ohio ([[Probable year:: 1961]]) when the Court held that the Fourth Amendment was an essential feature of privacy and decided that the standards of evidence collection should be consistent between federal and state jurisdictions (Enforcing the Fourth Amendment, n.d.; US GPO, [[Probable year:: 1992]], [[Probable year:: 1262]]) . However, authorities can collect whatever evidence they wish and are not held to a legal standard unless they wish to have permissible evidence in the likely-upcoming judicial proceedings (Enforcing the Fourth Amendment, n.d.). Additionally, there are currently many cases that have developed in which a warrant is not needed, causing even Congress, via the Government Publishing Office, to admit there has been an expansion of power given to authorities (US GPO, [[Probable year:: 1992]], [[Probable year:: 1208]]- [[Probable year:: 1209]]) . Beyond this expansion, it is known that authorities who perform acts that are not permitted by law are rarely reprimanded, especially with search and seizure and the ability to use the “good faith” defense (Enforcing the Fourth Amendment, n.d.; US GPO, [[Probable year:: 1992]], [[Probable year:: 1258]]) . These facts prevent the right to privacy from being perceived as threatening to government authorities. | ||
References: | |||
Enforcing the Fourth Amendment: Exclusionary Rule. (n.d.). Cornell Law School Legal Information Institute. Retrieved Oct. 9, [[Probable year:: 2021]], from https://www.law.cornell.edu/constitution-conan/amendment-4/enforcing-the-fourth-amendment-the-exclusionary-rule | Enforcing the Fourth Amendment: Exclusionary Rule. (n.d.). Cornell Law School Legal Information Institute. Retrieved Oct. 9, [[Probable year:: 2021]], from https://www.law.cornell.edu/constitution-conan/amendment-4/enforcing-the-fourth-amendment-the-exclusionary-rule | ||
US Government Publishing Office (US GPO). ([[Probable year:: 1992]], June 29). Fourth Amendment: Search and Seizure (S. Doc. 103-6). https://www.govinfo.gov/app/details/GPO-CONAN-[[Probable year:: 1992]]/ GPO-CONAN-[[Probable year:: 1992]]- 10-5/summary | US Government Publishing Office (US GPO). ([[Probable year:: 1992]], June 29). Fourth Amendment: Search and Seizure (S. Doc. 103-6). https://www.govinfo.gov/app/details/GPO-CONAN-[[Probable year:: 1992]]/ GPO-CONAN-[[Probable year:: 1992]]- 10-5/summary | ||
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Latest revision as of 05:08, 27 March 2023
Is this right often perceived as threatening to government authorities?
The Fourth Amendment has rarely been fully realized in its long history. While the Fourth Amendment guarantees privacy in search and seizure, the states originally did not want it to apply to their procedures and noted that it had yet to be applied to the states via the Fourteenth Amendment’s Due Process Clause (Enforcing the Fourth Amendment, n.d.; US GPO, 1992, 1260) . As such, lots of cases came forward to the Supreme Court, and the Exclusionary Rule was established (Enforcing the Fourth Amendment, n.d.). The Exclusionary Rule prevents trials from using improperly collected evidence, but it does not fully apply the Fourth Amendment and prevent searches (Enforcing the Fourth Amendment, n.d.). The rule has gone through a couple of iterations based on the amendments from which it is derived by the Court. It was originally established in Boyd v. US (1886) , based in the Fourth and Fifth Amendments, then evolved with Weeks v. US (1914) , which claimed derivation from the Fifth Amendment but appeared to be based in the Fourth. Its current state results from Mapp v. Ohio (1961) when the Court held that the Fourth Amendment was an essential feature of privacy and decided that the standards of evidence collection should be consistent between federal and state jurisdictions (Enforcing the Fourth Amendment, n.d.; US GPO, 1992, 1262) . However, authorities can collect whatever evidence they wish and are not held to a legal standard unless they wish to have permissible evidence in the likely-upcoming judicial proceedings (Enforcing the Fourth Amendment, n.d.). Additionally, there are currently many cases that have developed in which a warrant is not needed, causing even Congress, via the Government Publishing Office, to admit there has been an expansion of power given to authorities (US GPO, 1992, 1208- 1209) . Beyond this expansion, it is known that authorities who perform acts that are not permitted by law are rarely reprimanded, especially with search and seizure and the ability to use the “good faith” defense (Enforcing the Fourth Amendment, n.d.; US GPO, 1992, 1258) . These facts prevent the right to privacy from being perceived as threatening to government authorities.
References:
Enforcing the Fourth Amendment: Exclusionary Rule. (n.d.). Cornell Law School Legal Information Institute. Retrieved Oct. 9, 2021, from https://www.law.cornell.edu/constitution-conan/amendment-4/enforcing-the-fourth-amendment-the-exclusionary-rule
US Government Publishing Office (US GPO). (1992, June 29). Fourth Amendment: Search and Seizure (S. Doc. 103-6). https://www.govinfo.gov/app/details/GPO-CONAN-1992/ GPO-CONAN-1992- 10-5/summary