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

Author Question: Advanced technologies (such as thermal imagers, GPS trackers, email messages, and smartphones) ... (Read 100 times)

jparksx

  • Hero Member
  • *****
  • Posts: 570
Advanced technologies (such as thermal imagers, GPS trackers, email messages, and smartphones) present unique challenges related to the Fourth Amendment. Discuss challenges faced by courts regarding searches and advanced technology.
 
  What will be an ideal response?

Question 2

What is the third-party doctrine? Why is it important?
 
  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

janieazgirl

  • Sr. Member
  • ****
  • Posts: 300
Answer to Question 1

The courts must determine whether a search occurred when advanced technology is used. The different types of technology each represent their own issues. With thermal imaging, the courts had to decide if measuring heat from a house using technology not readily available to the public was a search. GPS tracking required determining if a search had occurred when placing a tracking device on a vehicle that would be entering a constitutionally protected space (private property). Regarding email, the courts had to decide whether email communication is private and deserving of constitutional protection. Finally, regarding smartphones, courts had to determine if text messages are protected by the Fourth Amendment.

Answer to Question 2

According to the SCOTUS-created third-party doctrine (based on the assumption of risk theory): whenever people knowingly reveal incriminating secrets, they assume the risk that false friends will use the secrets against them in criminal cases. In other words, if a person tells secrets to someone they trust, and the trusted party turns out to be a government agent, it is the person's own fault. The third-party doctrine is important because it allows law enforcement officers to work undercover.





 

Did you know?

Prostaglandins were first isolated from human semen in Sweden in the 1930s. They were so named because the researcher thought that they came from the prostate gland. In fact, prostaglandins exist and are synthesized in almost every cell of the body.

Did you know?

The heart is located in the center of the chest, with part of it tipped slightly so that it taps against the left side of the chest.

Did you know?

The modern decimal position system was the invention of the Hindus (around 800 AD), involving the placing of numerals to indicate their value (units, tens, hundreds, and so on).

Did you know?

Stroke kills people from all ethnic backgrounds, but the people at highest risk for fatal strokes are: black men, black women, Asian men, white men, and white women.

Did you know?

Less than one of every three adults with high LDL cholesterol has the condition under control. Only 48.1% with the condition are being treated for it.

For a complete list of videos, visit our video library