Your Fourth Amendment Rights
Posted on October 17th, 2017 by Oddo & Babat, P.C.
The Bill of Rights included in the US Constitution details the personal freedoms of American citizens. The Fourth Amendment to the BIll of Rights guarantees the right to privacy and the right to refuse unreasonable searches.
As a citizen, it is important to understand your rights, and the fourth amendment is particularly important pertaining any legal situation you might find yourself in. The focus of the amendment is to assert the right to privacy in different aspects of your life unless a judge signs a warrant for a search and seizure under reasonable belief that you have committed a crime.
Privacy is Not the Only Issue
Although you may not realize it, you relinquish privacy every day by engaging on social media sites. It is challenging to protect you personal details on the Internet, especially if you have personal information stored on your computer for different websites. Online shopping sites usually deposit 鈥渃ookies鈥� on your computer to track your buying habits.
Establishment Overreach
The Fourth Amendment also wants to protect from an overreaching government that demands details of your personal life. If a government official wants to harass someone that opposes them, they could use their rank to potentially gather information on someone to use against them. That is the type of power the amendment strives to eliminate because it could result in fines, incarceration or destruction of reputation.
Unlawful Electronic Surveillance
Unfortunately with the access of far reaching technology, the amendment may be misinterpreted or disregarded completely. One major problem facing the US citizenry today is electronic surveillance of everyone by the government鈥檚 National Security Agency (NSA). Many consider the agency as a violation of the Constitution and further privacy infractions regarding net neutrality have sparked debate.
Terrorism and its Effects on Privacy
Tragic events in the recent past caused by domestic and international terrorism have threatened the safety of the United States and has resulted in a looser interpretation of the fourth amendment by the government. However:
- that does not mean that American鈥檚 lose rights to privacy in person, papers and effects;
- although some parts of the government can receive waivers to intrude does not mean all parts can ignore the fourth amendment;
- a warrant signed by a judge is still required for your person, home, car and place of business to be searched by authorities;
- and a warrant can only be issued if there is reasonable probable cause that you may have committed a crime and a search will produce further evidence.
If you believe you or your belongings were searched illegally in violation of the fourth amendment, contact a criminal defense attorney聽such as聽the聽聽locals trust promptly. They can review the circumstances of the case and defend you if you were charged with a crime as a result of an illegal search or seizure. Know your rights, and hire someone to defend them.
聽A special thanks to our Author at聽聽for their insight into Criminal Law.
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