LAS432 Considering the Fourth Amendment

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LAS432 Considering the Fourth Amendment
The Fourth Amendment to the U.S. Constitution secures the right of privacy. It protects American citizens…

 

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LAS432 Considering the Fourth Amendment

LAS432 Considering the Fourth Amendment

Discussions Week 3 All Students Posts 41 Pages 

The Fourth Amendment to the U.S. Constitution secures the right of privacy. It protects American citizens from unreasonable searches and seizures. Advancements in technology have raised issues regarding this protected right. Explain the reasons for governmental surveillance of electronic communications, and the fear associated with these actions. From your review of the Fourth Amendment, do you think that legislative action is required to more fully address issues related to our digital technology? From what you read, do you think that legislation like the Electronic Communications Privacy Act is needed or not to address changes that occur over time in our technology?

The Fourth Amendment is about protecting the citizens of the United States of America from its own government.  “The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government” (What does the fourth amendment mean?, n.d.).  So, the big question is, what is a reasonable reason for the government to be able to search our personal space?  This question gets tested in the courts all the time.  Look at today’s world and cyberspace.  If you have a cloud that you store your research and finances on, is that consider your private effects, and therefore requires a warrant for the government to search?  Should the government have to have evidence, a warrant, or probable cause to look into your cloud?  The answer is technically yes, that is why so many cases get dismissed in courts every year.  If it is found that evidence was collected without the proper authorities, then regardless of what that evidence proves, it cannot be used in court.  Also, the better and more creative your lawyer is, the harder it is for the government to find a plausible reason to give someone access to your private belongings.  Then again, there are rules that change all the time due to court decisions, and then get overturned again.  Lawyers use these historic court cases to sway the judge and jury in the direction they want…