The Fourth Amendment

Freedom From Unfair Searches and Seizures

Freedom from Unfair Searches and Seizures

The right of the people to be secure in their persons, houses, papers, ans effects, against unreasonable searches ans seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath of affirmation and particularity describing the place to be searched and the persons or things to be seized

Kyllo v. United States

A Department of the Interior agent, had a suspicion that Danny Kyllo was growing marijuana in his home,and used a thermal-imaging device to scan his triplex. The imaging was to be used to figure out if the amount of heat coming from the home was consistent with the high-intensity lamps typically used for indoor marijuana growth. After, the imaging revealed that certain hot areas existed, compared to the rest of the home. Based on informants, utility bills, and the thermal imaging, a federal magistrate judge issued a warrant to search Kyllo's home. The search revealed that he was growing marijuana. After Kyllo was acused on a federal drug charge, he unsuccessfully moved to hide the evidence seized from his home and then entered a conditional guilty plea. Ultimately declaring, the Court of appeals held that Kyllo had shown no subjective expectation of privacy because he had made no attempt to conceal the heat escaping from his home, and even if he had, there was no objectively reasonable expectation of privacy because the imager "did not expose any intimate details of Kyllo's life," only "amorphous 'hot spots' on the roof and exterior wall."

Bill of Rights Scenario

Aiden Hale was driving down the street when stopped by police officer John Davis. Officer Davis believe hale was guilty for something so he ask hale to step out of the vehicle. When Aiden Hale stepped out of the vehicle Davis began to search the car. Davis then checks the trunk of the vehicle and still finds nothing. Davis did not find a single thing he only checked the vehicle because he says Aiden Hale looks guilty of something. Officer Davis checked the trunk without a warrant which is a violation of the 4th Amendment. Officer Davis violated the 4th Amendment because he checked Aiden Hale's trunk without a warrant.

Citation Bill of Rights 4th Amendment

"Police Seizure of Text Messages Violated 4th Amendment, Judge Rules."Ars Technica. N.p., n.d. Web. 09 Dec. 2014.

"Cases Showing Evolution - IST432_SP10_TEAM22 - Confluence." Cases Showing Evolution - IST432_SP10_TEAM22 - Confluence. N.p., n.d. Web. 10 Dec. 2014.

"Family Bill of Rights - Justice for Families." Justice for Families. N.p., n.d. Web. 10 Dec. 2014.

Leavitt, Amie Jane. Bill of Rights in Translation : What It Really Means. Mankato: Capstone, 2009. Ebook.

Galiano, Dean. Fourth Amendment : Unreasonable Search and Seizure. New York: Rosen Central, 2011. Ebook.