Page 59 - January 2020 IIssue new year

The Fourth Amendment Wthin the Criminal Justice System

fourth amendment and its the constitution is to pro- ment prohibits unreason-

B limited extent in face of tect its citizen and prevent able searches, but the
R the advancement of tech- the government from in- problem is that it does not
O nology. “The government truding on people’s lives define the term” unreason-

W obtains information by -as long as they have done able”. Also, in Smith v.
A physically intruding on a nothing wrong- the fourth Maryland (26) oral’s argu-

R constitutionally protected amendment remains a ment, Howard L. Cardin
D area” In this case law shield against the abuse the petitioner’s advocate
enforcement installed a of authority committed by stated that “Modern tech-

U global positioning System governmental agents (19). nology has permitted the
N (GPS) tracking device on In the past only physical telephone company to

I respondent’s car without intruding was considered a give a better service. In
V his consent and without a violation under the fourth doing so, it has also per-
E valid warrant. amendment this is not the mitted the police depart-

R Another situation for ex- case anymore; such defi- ment to use more sophis-
S ample is a dog-sniff in- nition does not fit in the ticated means of invading

I spection which could be new age of technology. privacy, if you will.” Still
T invalid if the inspection Many available means of the conclusion of the case
Y violates the reasonable surveillance can break into was that the use of a pen

expectation of privacy. We a person’s privacy, home register without a war-
2 can keep going on and on, and belongings without rant did not violate the

0 it is an unlimited topic and physical and seen activ- fourth amendment protec-
2 only common sense and ity. It is almost impossible tion against unreasonable
0 precedents would lead to to confine privacy under searches and seizures,

conclusions. governmental agents since because the fourth amend-
In summary and from a the advances of technol- ment does not apply to
Constitutional Criminal ogy are within anyone information voluntarily

aspect, the fourth amend- hand’s reach, but the prob- given to third parties.
ment is related to the lem arises when agents

criminal justice system, to use it wrongfully because An important reflection on
the sacred freedoms and of their status. In State V. how law enforcement and
liberties of the citizens Smith (25) an arrest was government agents gather

and people are concerned based on a warrantless use information should warn
because they do not wish of thermal imaging equip- us on the vulnerability of

to see their privacy in- ment around defendant’s some sources of intelli-
fringed. when the intent of house. The fourth amend- gence which can include

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