Tuesday, January 27, 2015

Cell Phone Leakage EVERYWHERE!!!!

               

Many people believe that they have "privacy" from others, well those people are dumb. Thinking that you have privacy is a false delusion that one should abandon right away. Police officer's are allowed to be given search warrants which allow them to search any place that the warrant states. In the case of Riley v. California the police officers searched Riley's phone once he was arrested for having two loaded guns in his car. With his phone in hand the police officers began to violate the sanctity of the phone and found information that linked Riley to a gang shooting. He was given 15 years in prison for attempt of murder. The Supreme Court then looked over the case and determined that since the police officers did not receive a search warrant they violated the fourth amendment and the privacy of Riley. Due to this mistake Riley was relieved of the attempt of murder sentence. In order to search something "the police need a court-issued warrant to do a search."(15) If not the police will ask if they are allowed to do a search and if you say no then they would need the warrant, but if you say yes then you just gave up your right to privacy. There is no way for people to understand exactly what the framers of the constitution wanted since technology has changed many things. "The Framers could never have imagined anything like smartphones, Facebook, and Google." (14) The framers were alive during a period way when they only had telegraphs, so it was no probable for them to anticipate the creation of cellphones or the internet. These are things that the current generations understand and they would know how to effectively create ways to "search" these new technologies without violating the fourth amendment. When the Framers first wrote the fourth amendment into the constitution they "had in mind the British soldiers" (15) since they would barge into peoples homes expecting them to house them. This is a clear violation of peoples privacy and in some cases harmed the stability of the homes. The fourth amendment in the beginning was intended to protect the people from someone violating their personal records or other forms of privacy. Again there is no way that the Framers could have predicted smartphones or other such technologies. This is why the constitution was made so that it could be added to or changed so that it fit into the current stream of life.

1 comment:

  1. I liked how you brought more of the case into your article. I also liked how you compared what the Fourth Amendment was created for to how it being used now-a-days. I wished I did that in my own article. Your article was well written and well supported. You did a great job on it.

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