Amendment Iv, 8

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Submitted By stran95
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Amendment IV (1791)- 8.) Government must have a search warrant based on probable cause
Courts Divided Over Searches of Cellphones
Source: The NY Times November 25, 2012 http://www.nytimes.com/2012/11/26/technology/legality-of-warrantless-cellphone-searches-goes-to-courts-and-legislatures.html?ref=searchandseizure&_r=0 This right states that government make the search and seizure warrant based on the cause. For example, if a person was accused for some crime and that person already have record of the crime before then the court will make the warrant based on that record. Sometime policies don’t need warrant such as bounty hunters, because the court already took the rights of the person who is being accused away. This right basically protects law enforcement more than citizens. Judges and lawmakers discussed about the legality of searching through civilians’ cell phones without a warrant. A man was put on trial for the murder of a 6 year old boy. The phone was crucial because it served as a possible leading evidence. The phone was searched without a warrant. Criminal or not from the U.S.; they are still protected and under its safeguard. Even though the person is a murderer and law enforcers go through his private property, they should get a search warrant because he or she is still a citizen of the United States, therefore he or she is still protected by the law. Most law enforcers sees this as obstruction to the path of justice, but they should still follow the protection set by the amendments from the Constitution that have been set when Framers wrote it. Even though this have negative sides to it protect one’s property and personal private life. The fourth amendment belong to the list with the other amendments that have two side effects.

Courts Divided Over Searches of Cellphones

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Judges and lawmakers…...

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