This topic contains a solution. Click here to go to the answer

Author Question: Discuss the three-step process used in Fourth Amendment analyses. What will be an ideal ... (Read 103 times)

BRWH

  • Hero Member
  • *****
  • Posts: 553
Discuss the three-step process used in Fourth Amendment analyses.
 
  What will be an ideal response?

Question 2

In the Digital Age, SCOTUS faces a difficult task when deciding if searches by electronic surveillance violate the Fourth Amendment. Identify types of electronic surveillance that have been named as Fourth Amendment searches, and briefly explain the reasoning of the Court in making its decision.
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

dlook33

  • Sr. Member
  • ****
  • Posts: 344
Answer to Question 1

Fourth Amendment analyses follow a three-step process based on answering three questions in the following order:

(1) Was the law enforcement action a search or seizure? If not, the analysis ends, because the Fourth Amendment only protects actions that are searches or seizures.

(2) If the action was a search or seizure, was it reasonable? If it was, the inquiry ends, because the Fourth Amendment bans only unreasonable searches and seizures.

(3) If the action was an unreasonable search or seizure, does the Fourth Amendment ban its use as evidence? If it does, the case isn't necessarily over, because there may be enough evidence to convict the defendant, either now or sometime in the future.

Answer to Question 2

SCOTUS has decided that thermal imaging and GPS tracking are Fourth Amendment searches. In the case of thermal imagers, SCOTUS concluded that, although there was no physical trespass of the house, the discovery and measurement of heat from a home is a Fourth Amendment search. In the opinion the Court stated when the Government uses a device that is not in general public use, to explore details of the home that would previously have been unknowable without physical intrusion, the surveillance is a search' and is presumptively unreasonable without a warrant..

Regarding GPS, SCOTUS held that the government physically occupied private property for the purpose of obtaining information. Given that the Fourth Amendment protects property, the placement of a GPS tracker on private property constitutes a Fourth Amendment search.




BRWH

  • Member
  • Posts: 553
Reply 2 on: Aug 13, 2018
Wow, this really help


adf223

  • Member
  • Posts: 304
Reply 3 on: Yesterday
YES! Correct, THANKS for helping me on my review

 

Did you know?

Most childhood vaccines are 90–99% effective in preventing disease. Side effects are rarely serious.

Did you know?

Your skin wrinkles if you stay in the bathtub a long time because the outermost layer of skin (which consists of dead keratin) swells when it absorbs water. It is tightly attached to the skin below it, so it compensates for the increased area by wrinkling. This happens to the hands and feet because they have the thickest layer of dead keratin cells.

Did you know?

Amphetamine poisoning can cause intravascular coagulation, circulatory collapse, rhabdomyolysis, ischemic colitis, acute psychosis, hyperthermia, respiratory distress syndrome, and pericarditis.

Did you know?

Signs and symptoms of a drug overdose include losing consciousness, fever or sweating, breathing problems, abnormal pulse, and changes in skin color.

Did you know?

Pink eye is a term that refers to conjunctivitis, which is inflammation of the thin, clear membrane (conjunctiva) over the white part of the eye (sclera). It may be triggered by a virus, bacteria, or foreign body in the eye. Antibiotic eye drops alleviate bacterial conjunctivitis, and antihistamine allergy pills or eye drops help control allergic conjunctivitis symptoms.

For a complete list of videos, visit our video library