Fourth Amendment constitutional rights prohibit any such use of surveillance without judicial authorization, typically, a search warrant or wire tap warrant issued after a formal presentation of evidence and the establishment of probable cause, as required by the original text of the Fourth Amendment (Schmalleger, 2008). According to the accounts published, the NSA specifically targeted journalists known to have been critical of the presidential administration of George W. Bush, which may raise other significant constitutional problems even beyond the Fourth Amendment issues (Scmalleger, 2008).
Possible Solutions to Balancing Effective Counterterrorism and the Fourth Amendment:
As pointed out by national security expert Randall Larsen (2007), one of the main problems with the so-called War on Terror as conceived by the former presidential administration is the fact that the FBI was an inappropriate choice for lead counterterrorism agency. That is primarily because the FBI is a law enforcement agency that was originally designed to solve crimes and prosecute them criminally. Criminal prosecution requires a much different approach than counterterrorism because the former is intended to punish criminal conduct after the fact while the latter is intended to prevent criminal conduct before it occurs (Larsen, 2007).
Similarly, because the FBI is a law enforcement agency,...
Fourth Amendment It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the American colonists that it was included into the Constitution when they broke away from Great Britain. In short, the fourth amendment states that no private
Fourth Amendment For all Americans, the Fourth Amendment is an essential element of the U.S. Constitution that protects everyone's rights. This has influenced the way that the criminal justice system is interacting with defendants and the tactics that are utilized by law enforcement when conducting investigations. To fully understand how this is impacting society and legal proceedings requires studying various sources. This will be accomplished using academic information (i.e. books, case
Fourth Amendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (Cornell University Law School. N.D.). As with a preponderance of Constitutional issues the meaning of
" The full force and authority of a regular police officer is necessary to make such an intrusion. Yet, such a police officer would not be able to summarily search or seize on the premises of a regular home. The homeless person's effects are; therefore, protected from unlawful search and seizure. Works Cited http://www.questia.com/PM.qst?a=o&d=5020427742 Citron, Eric F. "Right and Responsibility in Fourth Amendment Jurisprudence: The Problem with Pretext." Yale Law Journal 116.5 (2007):
" The Fourteenth Amendment explicitly provided the same limitations on the individual state's as existed for the federal government in regards to civil liberties and protections, and therefore the same exclusionary rule based on the Fourth Amendment was held to apply to state proceedings. This directly overturned the ruling in Wolf v. Colorado, which stated explicitly that the Fourteenth Amendment did not disallow illegally obtained evidence from being used in
In order to enforce the revenue laws, English authorities made use of writs of assistance, which were general warrants authorizing the bearer to enter any house or other place to search for and seize "prohibited and uncustomed" goods, and commanding all subjects to assist in these endeavors. The writs once issued remained in force throughout the lifetime of the sovereign and six months thereafter. When, upon the death of
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