Fourth Amendment Term Paper

Fourth Amendment Term Paper - Emily Leung May 3rd, 2011...

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Emily Leung May 3 rd , 2011 Management 260 Option #2 UMass: Violating the Fourth Amendment Fourth Amendment states “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated” (533 U.S. 3 (2001)). The use of enhanced sensing tools to conduct searches such as drug- sniffing dogs to patrol the halls of UMass dormitories should not be allowed because it violates the fourth amendment. In the Court of Appeals for the case Kyllo v. U.S., 533 U.S. 27 (2001) the consensus for the situation was that the use of the thermal-imaging device was unreasonable without a warrant because the device was not in the general use of the public, and it explored details of the home that was not shared to the general public. Other supporting factors from the opinion of the court suggested that the defense for not violating the fourth amendment was that “[t]he device used cannot penetrate walls or windows to reveal conversations or human activities”; and “[n]o intimate details of the home were observed”. Then the evidence from the opposing view stated from the Arizona v. Hicks , 480 U.S. 321 (1987) suggested, “All details are intimate details, because the entire area is held safe from prying government eyes”. Because the thermal-imaging device did not necessarily intend to capture any activities within the house does not mean it was not capturing activities, the heat from the device could have been recording an in-house sauna or an innocent civilian baking at an extremely high temperature. It is uncertain of what is actually occurring within someone’s own property but it is also unconstitutional to be capturing images of the heat dispersion
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throughout ones’ home. The question to be addressed in this particular case is what are the
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This note was uploaded on 10/19/2011 for the course MANAGMNT 260 taught by Professor Staff during the Spring '08 term at UMass (Amherst).

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Fourth Amendment Term Paper - Emily Leung May 3rd, 2011...

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